Special Contract Conditions.docx

SPECIAL CONTRACT CONDITIONS

Type of Contract: The Government contemplates a single award of a firm-fixed-price contract resulting from this solicitation. Upon mutual agreement of both parties, a bilateral contract will be established in accordance with FAR 4.101. It is anticipated that the effective date of award resulting from this solicitation will be on or about October 30, 2020.

Non-Personal Services Status: Award of this contract will result in a contractual arrangement only and shall not be construed as a personnel appointment with the Bureau of Prisons. The services shall not constitute an employer/employee relationship. Payments to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the Contractor's own unsupervised determination. The Contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

The resulting contract shall be a non-personal services contract, as defined in Federal Acquisition Regulation (FAR 37.101), under which the Contractor is an independent contractor. The Government may evaluate the quality of professional aspects of services rendered (e.g., professional judgements).

Reviews: The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the Bureau of Prisons.

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

Performance: The performance period of the resulting contract is anticipated to be 140 calendar day from effective date of award.

The contractor shall commence full performance of services under this contract within 30 calendar days from effective date of award of the contract. In accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for services under this contract is at the destination, the Federal Correctional Complex Burner, NC . The Contractor shall provide the contract services independent of Government supervision.

Contract Administration: Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Contracting Officer’s Representative (COR): If not appointed prior to contract award, the COR will be appointed by the Contract Administration Office (CAO) after the contract is awarded. The COR shall be responsible for:

a) Monitoring technical progress, including surveillance and assessment of performance and issuing technical changes;

b) Interpreting the scope of work;

c) Technical evaluation as required;

d) Technical inspection and acceptance;

e) Assisting in the resolution of technical problems encountered by the service provider during contract performance;

f) Monitoring funds available for obligation;

g) Ensuring that task orders are issued in accordance with appropriate terms;

h) Ensuring that invoices and payments are processed in a timely manner;

Attachment II

i) Assisting in the resolution of administrative problems encountered by the service provider during the contract performance.

Pursuant to FAR 42.202 and 42.302, upon award, the undersigned Contracting Officer hereby assigns as the Contract Administration Office (CAO), FCC Butner, P.O. Box 999, Butner, NC 27509 (919-575-5000), Attn: Davitta Williams Lead Contracting Office. This assignment carries with it the authority to perform all of the normal contract administration functions listed in FAR 42.302 (a), Item 1 through 70, to the extent that those functions apply to this contract. This assignment also includes delegation of authority to perform those negotiation functions as specified in FAR 42.302 (b), items 1 through 11.

Contract Security/Investigative Requirements: The employees of the contractor entering the institution shall meet certain security requirements to receive an institutional pass as required by Bureau of Prisons Program Statement 3000.03 dated December 19, 2007. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract.

The program manager at the institution is responsible for conducting the appropriate vouchering, law enforcement checks, and ensuring that fingerprinting is completed on all contractor staff that may need access inside the confines of the secure perimeter. The personnel department will establish a security file that will be maintained on each of the contractor's employees from the beginning of the contract through its duration. The following investigative procedures will be performed:

National Crime Information Center (NCIC) check; DOJ-99 (name check);

FD-258 (fingerprint check):

Law Enforcement Agency checks; Vouchering of Employers; Resume/Personal Qualifications;

OPM-329-A (Authority for Release of Information); Complete Contractor Pre-employment form National Agency Check and Inquiries (NACI) check (if applicable); and Urinalysis Test (for the detection of marijuana and other drug usage)

By submitting a quote, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearances will be unable to perform services under the contract. The final determination and completion of the security investigation procedures will be made at the sole discretion of the institution. All persons are advised that a urinalysis test for the detection of marijuana and other drug usage shall be performed. Any person(s) testing positive shall be disqualified from performing under the resulting contract. Any individual employed by the contractor deemed not suitable by the Bureau of Prisons requirements will not be granted access to perform services under the contract. This is a condition of the contract. The contractor must be in compliance with Department of Justice regulations at 8 CFR 274a regarding the employment of aliens. A copy of this directive is available upon the contractor's request.

In addition, each contractor employee must attend an orientation program at the institution (normally 4 hours). This will be at the contractor’s expense. The purpose of this program is to familiarize contractor employees with institution operations, the institution, and general rules of conduct and procedures inside the institution. Contractor employees shall adhere to all institution regulations regarding conduct and performance. Contractor employees will be allowed access to the institution at Attachment II the sole discretion of the Chief Executive Officer (CEO). Any individual performing under this contract may be removed if it becomes apparent that his/her conduct does not reflect the conduct of that prescribed for those people performing under non-personal service contracts.

Schedule of Required Insurance: It has been determined that it is normal and customary for vendors in this industry to provide and maintain insurance. Accordingly, FAR clauses 52.228-5 entitled "Insurance-Work on a Government Installation," is incorporated into this solicitation and the contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:

Workers Compensation & Employers Liability: The contractor shall comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of a least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (FAR 28.307-2(a))

Comprehensive General Liability: $500,000 per accident on occurrence for bodily injury. This insurance shall include contractor’s protective and liability (FAR 28.307-2(b)), and Automobile liability: (FAR 28.307- 2©).

Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer.

The contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

Contract Clauses: The required fill-in for clause 52.222.42, Statement of Equivalent Wages for Federal Hires are as Follows:

23790 Pipefitter, Maintenance: $24.77 per hour does not include fringe benefits for a WG-10 Employee. This statement is for information only and is not a Wage Determination.