Solicitation 15BRRC22R00000004.pdf

15BRRC22R00000004 Page 1 of 59

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

15BRRC22R00000004

SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE

ISSUED

05/03/2022

6. REQUISITION/PURCHASE

NUMBER

CODE BRRC

Federal Bureau of Prisons Acquisitions Branch/RRC 320 First ST NW, RM 901-5

WASHINGTON, DC 20534

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

L.4 320 First Street, First Floor 14:00 ET 06/03/2022

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

AREA CODE NUMBER EXTENSION

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 2 X I CONTRACT CLAUSES 25

X B SUPPLIES OR SERVICES AND PRICES/COSTS 3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 1 X J LIST OF ATTACHMENTS 1

X D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 1

X K REPRESENTATIONS CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS

X F DELIVERIES OR PERFORMANCE 1

X L INSTRSRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 6X G CONTRACT ADMINISTRATION DATA 4

X M EVALUATION FACTORS FOR AWARD 4X H SPECIAL CONTRACT REQUIREMENTS 2

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%)

0.00 %

20 CALENDAR DAYS (%)

0.00 %

30 CALENDAR DAYS (%)

0.00 %

0 CALENDAR DAYS (%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE BAOS

Federal Bureau of Prisons Finance Branch/Accounting Operations Section 320 First Street NW Room 901-4

WASHINGTON, DC 20534

Please ensure invoice ref the full contract/order number bop-adm-acctoperations-s@bop.gov

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Melanie Kynard (Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

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Table of Contents

Section Description Page Number

A Solicitation/Contract Form B Supplies or Services and Prices/Costs C Description/Specifications/Statement of Work D Packaging and Marking E Inspection and Acceptance F Deliveries and Performance G Contract Administration Data H Special Contract Requirements I Contract Clauses

DOJ-01 DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021); (Alt. I) -- Classified Information -- Cleared Contractors DOJ-04 Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (DEC 2014)

J List of Attachments K Representations, Certifications and Other Statements of Offerors L Instructions, Conditions and Notices to Offerors M Evaluation Factors for Award

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Section B - Supplies or Services and Prices/Costs

To provide Residential Reentry Center (RRC) Services Located within the city limits of Washington, District of Columbia and Home Confinement Radius within 100 miles of the RRC.

Firm Fixed Price

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 To provide Residential Reentry Center (RRC) Services and Home Confinement (HC) Services located within the city limits of Washington, DC and placements for up to 10 RRC and 20 HC females.

Fixed Monthly Price

Base Period: Start Date of Performance through 12 months RRC 10 Females (3,660 inmate days) HC 20 HC Females (7,320 inmates days)

PSC: G004

Base Period

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 To provide Residential Reentry Center (RRC) Services and Home Confinement (HC) Services located within the city limits of Washington, DC and placements for up to 10 RRC and 20 HC females.

Fixed Monthly Price

Option Year One: 13 months through 24 months RRC 10 Females (3,650 inmate days) HC 20 Females (7,300) inmates days)

PSC: G004

Option Period 1

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 To provide Residential Reentry Center (RRC) Services and Home Confinement (HC) Services located within the city limits of Washington, DC and placements for 10 RRC and 20 HC females.

Fixed Monthly Price

Option Year Two: 25 months through 36 months RRC 10 Females (3,650 inmate days) HC 20 Females ( 7,300 inmate days)

PSC: G004

Option Period 2

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 To provide Residential Reentry Center (RRC) Services and Home Confinement (HC) Services located within the city limits of Washington, DC and placements for up to 10 RRC and 20 HC females.

Fixed Monthly Price

Option Year Three: 37 months through 48 months RRC 10 Females ( 3,650 inmate days) HC 20 Females (7,300 inmate days)

PSC: G004

12 MO $________ $_________________

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Option Period 3

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 To provide Residential Reentry Center (RRC) Services and Home Confinement (HC) Services located within the city limits of Washington, DC and placements up to 10 RCC and 20 HC females.

Fixed Monthly Price

Option Year 4: 49 months through 60 months RRC 10 Females (3,660 inmate days) HC 20 Females (7,320 inmates days)

PSC: G004

Option Period 4

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0006 To provide Residential Reentry Center (RRC) Services and Home Confinement (HC) Services located within the city limits of Washington, DC and placements up to 10 RRC and 20 HC females.

Fixed Monthly Price

RRC 10 Females (1,830 inmate days) HC 20 Females (3,660 inmate days)

In accordance with FAR 52.217-8, the Government may exercise an option to extend the performance of services for up to six months. This line item may be used anytime during the life of the contract, not to exceed six months

PSC: G004

Option Period

6 MO $________ $_________________

Clauses By Full Text

B.1 Services and Prices/Costs

Contractor shall provide Residential Reentry Center (RRC) services (for In-House RRC beds) and Home Confinement Services (for Home Confinement placements) for female Federal offenders held under the authority of various United States Statutes located within the city limits of Washington, District of Coumbia.

The services will be provided on a Firm Fixed Price type contract with firm-fixed unit prices. It is the intent of the Government to award Line Items for RRC in-house beds and home confinement placements to a single provider as these services are interconnected and rely upon each other to ensure adequate programming and case management of offenders.

The period of performance for any contract which the Government may award under the terms and conditions of the RFP will be for a one-year base year and four, one-year option years. Offerors must submit pricing for the base period and each option year and six month extension.

Services are required to be provided in accordance with Section C, Statement of Work, with documentation as required. For the purposes of billing, home confinement and furloughs are considered one manday. Also, furloughs shall be billed at half the rate of the in-house RRC rate.

The Government reserves the right to award without discussions and to make an award which is deemed to be in the best interest of the Government. "RRC services" (for in-house RRC beds) are as defined by the statement of work for this requirement. "Home

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Confinement services" (for home confinement placements) are as defined in Chapter 11, Programs, and in all other applicable references in the statement of work for home confinement services.

For in-house RRC services, contractor shall ensure 10 beds are available for females. The contractor shall have the capacity to place 20 inmates into the home confinement program.

Offerors are advised that all usage amounts during the base period are estimates only. These estimates are not a representation by the Government to the offeror that the estimated quantities will be required or ordered, or that conditions affecting the requirement will be stable. These estimates do not constitute a Bureau of Prisons usage guarantee or a guarantee of revenue to the offeror. Payment shall be made for actual consumption/usage.

Pursuant to FAR 17.203(b) and (d), the Government's evaluation shall be inclusive of options and offerors may offer varying prices for options. Services are required to be provided in accordance with Part I, Section C, the Statement of Work, with documentation as required. For the purpose of price evaluation and according to the above instructions, offerors must submit their proposed prices under Section B - Supplies or Services and Prices/Costs.

[END OF SECTION]

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Section C - Description/Specifications/Statement of Work

Clauses By Full Text

C.1 Statement of Work/Specification

A description of the services to be performed is given in the Statement of Work (see attachment) in this section identified as:

Statement of Work (SOW) Residential Reentry Center, March 2022.

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Section D - Packaging and Marking

This Section Is Intentionally Left Blank

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Section E - Inspection and Acceptance

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.acquisition.gov

Clause Title Fill-ins (if applicable)

52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

Clauses By Full Text

E.1 Place of Acceptance

In accordance with FAR 46.403(a)(6) and FAR 46.503, the place of acceptance for services under this contract shall be at destination.

E.2 Performance Summary Table

Please see attached table.

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Section F - Deliveries and Performance

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.acquisition.gov

Clause Title Fill-ins (if applicable)

52.242-15 Stop-Work Order (Aug 1989)

Clauses By Full Text

F.1 Deliveries

In accordance with FAR 16.505(a) and the clause located at FAR 52.216-18 entitled "Ordering," included in Part II, Section I, of this contract, services to be furnished under this contract shall be ordered by issuance of task orders by a warranted Contracting Officer in the Residential Reentry Contracting Section, Washington, DC.

F.2 Performance

(a) The Contractor's facility must be fully operational and ready for performance to begin within 120 days after the date of contract award. (For the purpose of this solicitation, "contract award" is defined as the date the award document (either the Standard Form 33 or Standard Form 26) is signed by the Contracting Officer).

(b) The anticipated periods of performance are:

Base Period: Date of performance through 12 months Option Year 1: 13 months through 24 months Option Year 2: 25 months through 36 months Option Year 3: 37 months through 48 months Option Year 4: 49 months through 60 months

(c) The contract shall be effective from date of award. The period of performance shall be effective from date of performance through 12 months, with the Government's unilateral right to exercise the individual option periods in accordance with the terms of this contract.

(d) The anticipated period(s) of performance are based on the assumptions that funds are available. The initial performance period will depend on the actual date of award and the issuance of a written award or acceptance of offer mailed or otherwise furnished to the successful offeror to result in a binding contract.

F.3 Place of Performance

(a)The Place of Performance for RRC In-House services is within the city limits of Washington, District of Columbia and Home Confinement placements radius within 100 miles of the RRC.

(b) In accordance with FAR 46.503 and FAR 46.403(a)(6), the Place of Acceptance for services under this contract shall be at DES-

TINATION.

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Section G - Contract Administration Data

Clauses By Full Text

G.1 Contracting Officer's Representative

(a) The local Residential Reentry Manager (RRM), or his successor, is designated as the Contracting Officer's Representative.

(b) The COR is responsible for the technical direction of the performance of all work under this contract. The term "technical direction" is defined to include, without limitation, the following:

(1) Directions to the contractor which re-direct the contract effort, shift work emphasis between areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual scope of work.

(2) Supply information to the Contractor which assists in the interpretation of technical portions of the Statement of Work.

(3) Review, inspect, and accept reports and information to be provided by the Contractor to the Government under the contract.

(4) Evaluate the performance and certify all invoices for payment.

(c) Technical direction must be within the general scope of work stated in the contract. The COR does not have authority to, and may not issue, any direction which:

(1) Constitutes an assignment of additional work outside the general scope of the contract.

(2) Constitutes a change as defined in the contract clause entitled "Changes".

(3) Change any of the expressed terms, conditions, fixed price, or time for contract performance. Any such revisions shall be authorized in writing only by the Contracting Officer.

(d) In the event the COR desires a change to the contract within one or more of the categories as defined in (1) through (3) of paragraph (b), he must direct such request to the Contracting Officer. The Contracting Officer will handle such request within applicable laws and regulations.

(e) During the term of the contract, the Contracting Officer, or his successor, shall administer the contract on behalf of the Government. Technical matters which cannot be resolved by the Contractor and the COR as well as other contractual difficulties, are to be brought to his immediate attention. The Contracting Officer may be reached at the address and telephone number shown on the SF 33, block 10.

G.2 Payment Schedule

In consideration of the Contractor's satisfactory performance of services called for under this contract, the Government shall make payment to the Contractor at the fixed daily rates identified in the schedule. The rates cover one person per inmate day. The Government shall not be billed for two days when a resident is admitted one evening and removed the following morning. The Contractor shall not be billed for the day of departure.

The day of a resident's escape or absconding from custody or supervision shall be considered the day of departure for billing purposes.

(See Section C, SOW, Chapter 19, Escape Procedures).

G.3 Billing Procedure

(a) The Government will make payments to the Contractor on a monthly basis, promptly after receipt of an appropriate invoices.

Invoices must include the appropriate contract number.

The Contractor will determine the average daily population (ADP) for the month using the SENTRY Census feature which divides the total number of mandays for the month by the number of days in the month. In the event the ADP is not a whole number (i.e., 45.1 – 45.9), the contractor will round of to the next whole number (i.e., 46). During the months the ADP does not exceed 10 in-house RRC beds or 20 home confinement placements, the contractor shall invoice at the fixed monthly rate(s) in the Schedule.

During the months when the ADP exceeds 10 in-house RRC beds or 20 home confinement placements, the Contractor shall invoice for the number of mandays utilized at the inmate daily rate specified for the base or option year applicable.

(b) In accordance with FAR 52.232-33, Payment by Electronic Funds Transfer -System for Award Management (October 2018), payment will be made via Electronic Funds Transfer to the account designated by the Contractor.

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(c) For reimbursements not covered in the computed In-House RRC and/or Home Confinement per inmate day rates (i.e., hospital, prescriptions, etc.) which have been authorized by the COR, a separate invoice shall be submitted.

(d) Submit Invoices to:

Federal Bureau of Prisons Baltimore Washington Reentry Office

400 First Street, NW Fifth Floor

Washington, DC 20534

Phone: 202-598-6692

G.4 Key Personnel

In accordance with the clause entitled "Change in Key Personnel" included in Part I, Section H, the following positions are considered key personnel for Major and Moderate-Use Facilities:

Facility Director Case Manager Employment Placement Specialist

G.5 Electronic Subcontracting Reporting System (eSRS)

In accordance with FAR 52.219-9, the offeror agrees to submit the Individual Subcontracting Report (ISR), formerly theSF-294, and Summary Subcontracting Report (SSR), formerly the SF-295, as applicable. Pursuant to FAR 19.704, the Federal Bureau of Prisons requires submission of these reports as follows:

The ISR is due semi-annually and at contract completion, always within 30 days after the close of each reporting period unless other-wise directed by the Contracting Officer. Normally, these deadlines are April 30th for the period ending March 31st and October 31st for the period ending September 30th. A separate report is also due within 30 days after contract completion. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or since the last reporting period.

The SSR must be submitted annually (for twelve months ending September 30th). Reports are due 30 days after the close of each re-porting period. Additional information concerning the Electronic Subcontracting Reporting System (eSRS) program can be located at www.acquisition.gov/far.

G.6 CPARS Contractor Evaluation Factors and Rating Descriptions

Contractor performance will be assessed using seven (7) evaluation factors as follows:

FACTOR: ACCOUNTABILITY

Has the contractor ensured that offenders are accurately accounted for while (1) in the facility; (2) at work assignments; (3) in all other activities outside the facility? Is the approach tailored to the geographic area? Have there been any patterns or unresolved breaches of accountability during this rating period? Have you discussed the strengths and weaknesses, and the effectiveness of any corrective actions?

FACTOR: PROGRAMS

Does the contractor have a process for assessing the individual needs of each offender to assist with their reentry into the community?

How well does the contractor administer the program? How effective has the process been this rating period in assisting offenders to find employment and housing, and to develop skills to prepare the offender for reentry and prevent them from returning to a criminal lifestyle? How effective and extensive is the community resources network? What are the methods or avenues taken to obtain medical or mental health treatment? Have you discussed the strengths and weaknesses, and the effectiveness of any corrective actions?

FACTOR: COMMUNITY RELATIONS

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Does the contractor have a process for educating and interacting with the local community in order to acquire and maintain public support? What efforts have been made during this rating period to foster positive community relations? Discuss the workings and make-up of the contractor's community relations efforts. During this rating period have there been any concerns relating to the contractor's position in the community? Have you discussed the strengths and weaknesses, and the effectiveness of any corrective actions?

FACTOR: SITE VALIDITY AND SUITABILITY

During this rating period, has the contractor complied with all applicable local, state, and national health, safety, environmental laws, regulations, Executive Orders, and building codes? Has the contractor maintained appropriate liability insurance? Are there any new areas of public concern within a ½ mile radius of the facility? Are zoning and occupancy permits still valid? Is the contractor's sanitation plan and maintenance plan effective? Have you discussed the strengths and weaknesses, and the effectiveness of any corrective actions?

FACTOR: PERSONNEL

How effective has the contractor been in ensuring competent staff have been recruited, trained, and retained? Have staff met the annual training requirements? Are new staff receiving orientation in accordance with SOW requirements? Have new staff received and signed for integrity guidelines? Are there any concerns involving staff integrity? Have you discussed the strengths and weaknesses, and the effectiveness of any corrective actions?

FACTOR: COMMUNICATION/RESPONSIVENESS

Communication: During the rating period, has the contractor maintained open lines of communication with Bureau staff? Does the contractor establish and maintain effective communication with U.S. Probation and local authorities?

Responsiveness: Is the contractor responsive to Bureau requirements, directions, and requests for information? How well does the contractor deal with significant incidents? Have you discussed the strengths and weaknesses, and the effectiveness of any corrective actions?

FACTOR: HOME CONFINEMENT

How effective has the contractor been in ensuring that all residents are appropriately referred and placed on home confinement as soon as eligible and appropriate? How well does the contractor administer the home confinement program? Has the contractor ensured that offenders are accurately accounted for while on home confinement? How effective has the process been this rating period in assisting offenders to find employment and to develop skills to prepare the offender for reentry and prevent them from returning to a criminal lifestyle? How effective and extensive is the community resources network? What are the methods or avenues taken to obtain medical or mental health treatment? Are inmates in the Home Confinement Program offered case management and programming opportunities consistent with their program plan and needs? Have you discussed the strengths and weaknesses, and the effectiveness of any corrective actions?

The Government shall consider both positive and negative attributes in the areas above and provide a written narrative for each that describes the contractor's strengths and weaknesses, and the effectiveness of any corrective actions, during each of the contract's reporting periods (generally, a one-year term beginning with the start of the Base Period). Strengths equate to performance that exceeds contract requirements and show definite and measurable benefit to the Government. Weaknesses equate to performance problems that do not meet contract requirements and result in negative impact on the Government. The CPARS will include all information from facility monitoring reports and any corrective actions taken by the contractor and the effectiveness of those corrective actions taken. All applicable information up to and including the close of each monitoring conducted during the specified rating period will be included in the narrative.

Based on the narrative, an adjectival rating will be assigned to each factor. Once all factors have been rated, the overall rating will be an objective rating that most accurately reflects the overall performance of the facility. In CPARS, the overall rating will be denoted as "Quality of Product or Service." The Government will provide a detailed explanation outlining the justification for the overall rating.

In accordance with FAR Part 42, the contractor will be given an opportunity to submit comments, rebutting statements, or additional information in response to an evaluation in CPARS. The ultimate conclusion on the performance evaluation is the decision of the Government.

The ratings and associated descriptions for the factors above are as follows:

Exceptional: Contractor's performance exceeds requirements of the contract in many areas. Benefits to the Government/Bureau of Prisons (BOP) are identifiable. Minor problems may exist. Corrective actions are highly effective.

Very Good: Contractor's performance meets requirements of the contract and exceeds requirements in some areas. Benefits to the Government/BOP are identifiable. Problems may exist, but are minor. Corrective actions are effective.

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Satisfactory: Contractor's performance meets contract requirements. Some minor problems exist, but the contractor has satisfactory corrective actions in place.

Marginal: Contractor's performance does not meet some of the requirements of the contract. Contractor's performance has shown there are problems resulting in a negative impact on service delivery (a negative impact on the Government). Problems are serious, but recovery is still possible. Corrective actions have shown to be marginally effective and/or not fully implemented.

Unsatisfactory: Contractor's performance fails to meet most of the requirements of the contract. Contractor's performance shows there are problems resulting in a negative impact on service delivery (a negative impact on the Government). Problems are serious, and recovery is unlikely. Corrective actions are ineffective and/or not fully implemented.

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Section H - Special Contract Requirements

Clauses By Full Text

H.1 Change in Key Personnel

Following contract award, any change in key personnel during contract performance is subject to the review and approval of the Residential Reentry Manager. The Contractor shall submit evidence that the qualifications of the prospective replacement personnel are equal to or greater than personnel vacating the positions. Such requests for review and approval shall be in writing.

H.2 Contract Performance

(a) Any request to alter the facility following contract award must provide evidence supporting the contractor's right to use the pro-posed facility. Acceptable evidence of right to use is limited to deeds, leases, bills of sale, options to lease, options to buy, contingency leases or contingency deeds.

(b) Offerors shall submit proof that the local law enforcement agency with primary justification (e.g., Chief of Police, Sheriff) and at least two levels of local government officials (e.g., City Council Member, Mayor, County Board Member, City Commissioner) have been notified of their intent to change facility location. The notification will identify the specific location of the new facility.

The proof shall be a signed copy of each notification* sent via registered or certified mail to the Chief Executive Officer of the law en-forcement agency and two levels of public officials of the geographical area in which the new facility is located. The notification shall provide an accurate description of the program services the contractor provides under their contract to include, but not limited to, the contractor's mission statement; the size of the new facility; the specific address location of the new facility; the type of offender the Statement of Work indicates will be placed at the new facility; and the contractor's inmate accountability practices.

*[The offerors shall use the mandatory Sample Community Notification Letter in Section J, Attachment 4, when notifying the above-mentioned officials.]

(c) Subsequent to award the contractor shall notify the Contracting Officer's Representative (COR) advising of any request to change facility locations. The Bureau of Prisons will inspect the contractor's place of performance to ensure compliance with the Safety and Sanitation requirements of the Statement of Work. The contractor will be advised of identified areas of non-compliance and will be required to correct the non-compliant areas in accordance with the Statement of Work and reasonable guidance provided by the COR.

If the place of performance is not in compliance by the established performance date, the contract may be terminated for default.

(d) The contractor, when requesting a change in performance location, is required to provide proof of zoning. This proof shall be provided with the initial request to change locations.

(e) The initial request to change performance sites will be made to the COR. The request shall be in writing and accompanied by the following documentation: (1) proof of right to use; (2) proof of zoning; (3) proof of law enforcement/ geopolitical notification; and (4) evidence that the Bureau of Prisons will receive some benefit for modifying the contract to change the place of performance.

The Contracting Officer, with the assistance of Legal Counsel and the COR, shall determine whether substantial evidence of proper zoning and other ordinance or regulatory compliance has been provided by the Contractor. The contractor's failure to provide satisfactory proof may result in termination of the contract for default.

For purposes of this provision, a "necessary local official" means an employed or elected person whose opinion, approval, or concur-rence as to the propriety of the use of proposed sites is required under any and all applicable laws of the city, town, village, or muni-cipality in which the RRC is to be located.

H.3 Protected Religious Activities

Protected Religious Activities. Religious exercise can come up in Residential Reentry Centers (RRC's) in a variety of ways and is gov-erned by the Department's regulation guaranteeing "Equal Treatment For Faith-Based Organizations" [28 CFR 38.1(b)], as well as by federal constitutional and statutory law.

(1) An offender may ask for a time and place to individually pray, study, or worship. Federal law requires that a federally-funded Contractor allow offenders in an RRC reasonably frequent opportunity to engage on their own in these "inherently religious activities" throughout the week.

(2) An offender may ask an RRC staff to lead or join him or her in inherently religious activity. If an offender in an RRC makes such a request, Contractor staff may accommodate the request when such activity would not interfere with the contracted services, when the religious activity occurs in a separate time or location from the services provided under the contract and if attendance or participation by offenders and staff is voluntary. A separate location does not need to be a separate building but must be an area that, 15BRRC22R00000004 Page 15 of 59 at the time of religious activity, is not being used to provide services under the contract and is not otherwise open to the offender population.

(3) A RRC Contractor may offer inherently religious services to offenders outside of, and in addition to, its contract with the Government as long as the services are offered in a separate time or location (as defined above in paragraph 2) from the services provided under the contract and if attendance or participation by offenders is voluntary. For example, the BOP permits-but would not reimburse a contractor to provide offenders with a chaplain to assist offenders who request spiritual counsel, prayer, instruction from a sacred text, or the opportunity to worship. Unless specifically requested in the solicitation, such services should not be included as part of a proposal and will not be considered in the evaluation process.

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Section I - 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.acquisition.gov

Clause Title Fill-ins (if applicable)

52.202-1 Definitions (Jun 2020)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation On Payments to Influence Certain Federal Transactions

(Jun 2020)

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper (May 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

(Nov 2021)

15BRRC22R00000004 Page 17 of 59

Clause Title Fill-ins (if applicable)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

52.209-6 Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Nov

2021)

52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

52.210-1 Market Research (Nov 2021)

52.215-2 Audit and Records-Negotiation (Jun 2020)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-

Modifications (Jun 2020)

52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (Jun 2020)

52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB)

Other than Pensions (July 2005)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data-Modifications (Nov 2021)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Sep 2021)

52.219-8 Utilization of Small Business Concerns (Oct 2018)

52.219-9 Alt II Small Business Subcontracting Plan (Nov 2021) - Alternate II (Nov

2016)

52.219-16 Liquidated Damages-Subcontracting Plan (Sep 2021)

52.219-28 Post-Award Small Business Program Rerepresentation (Sep 2021)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.222-3 Convict Labor (June 2003)

15BRRC22R00000004 Page 18 of 59

52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation

(May 2018)

52.222-17 [Reserved]

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-35 Equal Opportunity for Veterans (Jun 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-40 Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010)

52.222-41 Service Contract Labor Standards (Aug 2018)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018)

52.222-50 Combating Trafficking in Persons (Nov 2021)

52.222-54 Employment Eligibility Verification (Nov 2021)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

(Jan 2022)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)

52.223-6 Drug-Free Workplace (May 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(Jun 2020)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.224-3 Privacy Training (Jan 2017)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-9 Limitation on Withholding of Payments (Apr 1984)

52.232-11 Extras (Apr 1984)

15BRRC22R00000004 Page 19 of 59

52.232-17 Interest (May 2014)

52.232-18 Availability of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

(Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021)

52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-3 Continuity of Services (Jan 1991)

52.242-5 Payments to Small Business Subcontractors (Jan 2017)

52.242-13 Bankruptcy (July 1995)

52.243-1 Alt I Changes-Fixed-Price (Aug 1987) - Alternate I (Apr 1984)

52.244-2 Subcontracts (Jun 2020)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Jan

2022)

52.246-25 Limitation of Liability-Services (Feb 1997)

52.248-1 Value Engineering (Jun 2020)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr

2012)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

Clauses By Full Text

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

15BRRC22R00000004 Page 20 of 59

(a)The Residential Reentry Manager ,Melissa Mills , _________________________,______________________________, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor 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 COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

52.203-14 Display of Hotline Poster(s) (Nov 2021)

(a) Definition.

"United States," as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from Fraud Detection Office of the Inspector Attn: Poster Request, 1300 N. 17th St.

General, Fraud Detection Office STE 3200, Arlington, Virginia 22209

(Contracting Officer shall insert- (i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract--

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

(End of clause)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

15BRRC22R00000004 Page 21 of 59

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

"Commercial and Government Entity (CAGE) code" means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of clause)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction

(CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

15BRRC22R00000004 Page 22 of 59

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.215-19 Notification of Ownership Changes (Oct 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the…