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COMMERCE BUSINESS DAILY ISSUE OF AUGUST 22,1996 PSA#1664

Federal Bureau of Prisons, North Central Regional Contracting Office, 1300 Metropolitan Drive, Leavenworth, Kansas 66048-1254

R -- LEGAL ASSISTANCE PROGRAM FOR FEDERAL INMATES Sol. R.F.Q. 124-0086. Due 090696. Contact Rick Itson, Contract Specialist, 913-682-8700, extension 612. (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6 as supplemented with additional information included in the notice. This announcement constitutes the only solicitation; proposals are being requested and written solicitation will not be issued. (II) This solicitation is issued as Request-For-Quotation R.F.Q. 124-0086. (III) The solicitation document and incorporated provisions are those in effect through Federal Acquisition Circular FAC-39 (IV) This solicitation is 100% set-aside for small business with a Standard Industrial Code (SIC) of 8111 and a size standard of 3.5 million. (V) (Line Item One): The contractor shall provide 48 four hour sessions for a minimum of 24 weeks. A session will consist of 1-3 students and/or attorneys interviewing prisoners. When more than 3 students and/or attorneys interview prisoners, this will constitute 2 sessions. An open forum, question and answer session will constitute 1 session. The required four hours of institution orientation shall constitute 1 session. The program shall be designed to provide assistance to as many prisoners as possible within the designated federal prison. (VI) (Statement of Work): Contractor shall provide Legal Assistance Services to Federal Inmates incarcerated at the Federal Correctional Institution and Federal Prison Camp Located at Oxford, WI. Services to include but are not limited to providing legal assistance to prisoners within a federal prison or to a prisoner previously incarcerated at that prison but subsequently transferred to another prison after the initial interview with the program. Additionally, whenever possible, the program should be designed to provide clinical practice to law students. Legal Assistance may cover a wide range of civil matters including family law, wills and trust, and property rights, and may entail research of state and federal statutes and case law. In addition, legal assistance may encompass post-conviction issues, immigration issues sentencing and parole issues, inmate discipline and other correctional issues. Legal assistance program staff and participants must be familiar with the referenced areas and are required to become familiar with the policies and practices of the Federal Bureau of Prisons. Program participants are not expected to file cases in court or represent prisoners before a court or administrative agency, they may do so, however, so long as assistance to other prisoners is not hindered. All program participants (Students, Attorneys, Etc.) will be required to attend training at the Federal Correctional Institution, Oxford WI. on security and other information necessary to conduct themselves properly within a correctional institution. The content and nature of this training will be determined at the discretion of the Chief Executive Officer of FCI Oxford, WI. Program participants must familiarize themselves and must comply with Bureau of Prisons policies and regulations concerning visiting with FCI, Oxford. If necessary to protect the security and good order of the institution, the Chief Executive Officer may prohibit a student or program participant from visiting or corresponding with a prisoner. The Chief Executive Officer may require each program participant to complete and sign a personal history statement and a pledge to abide by the Bureau regulations and institution guidelines. Further, the Chief Executive Officer may require the participants to comply with additional security requirements (NCIC and Fingerprint investigation reports). Communications between the program participants and prisoners shall be treated as an attorney-client relationship. The program will generally operate with the same independence as privately retained attorneys. Thus, at least one attorney, who is licensed within the State of Wisconsin must supervise all law students or paralegal students providing the service. This attorney must provide a signed statement accepting professional responsibility for the acts of each student or Paralegal affecting the institution. In addition, neither staff nor other prisoners will be provided to interpret for prisoners who do not speak or understand English. Prisoners may be referred by the program to outside counsel for additional legal assistance but no referral fee shall be be paid to the program sponsor participant. If such referrals are routinely made, the program shall have a rotating pool of attorneys in the community or provide the prisoner with a list of attorneys whom he or she may contact on his or her own. An attorney or firm who is not on the list shall be added upon request to the contractor. The program is subject to audit by the General Accounting Office, the Inspector General's Office of the Department of Justice, and other auditing agencies of the federal government. Therefore, the following information is necessary to insure compliance with applicable federal law. For programs affiliated with law schools, reports shall be made at the end of each quarter or semester. For programs not tied to an academic year, quarterly reports shall be made. In addition, a final report shall be made compiled from the date of the last report outlining all expenses charged to the program funds. This report shall be filed at the end of the contract period. The quarterly and final reports shall include the following information: 1) A brief synopsis of how the program is administered by the contractor. 2) The names and status (i.e. Attorney, Paralegal, or Law Student) of persons providing the services and administering the program. 3) the number of prisoners requesting interviews or assistance, the number of prisoners interviewed, and the total number of interviews conducted. 4) The number of hours spent in interviews and an average length of the interviews, researching legal issues, preparing legal briefs or correspondence or other materials for the prisoners, appearing in court or administrative hearings, and on any other item which occupied considerable time by the program participant. 6) A brief synopsis of the significant issues handled by the program. 7) A breakdown of all expenses of the program including money used for travel, administrative assistance, and office equipment and supplies. Restrictions: 1) If a prisoner requests assistance to bring a suit against the United States or any of its agencies or employees, the head of the program must attempt an informal resolution of the matter with the appropriate Bureau of Prisons Regional Counsel prior to filing in court. This requirement shall be in addition to any other remedies the prisoner may be required to exhaust prior to bringing suit 2) Given the considerable expense involved, class action suits shall not be funded by Legal Assistance Program funds. 3) Fee generating cases shall be filed in any case in which the program funds are used. Any suit filed by program participants as a result of the program, must provide that any and all proceeds will be solely for the remuneration of the of the prisoner plaintiff. 4) Program sponsor and participants shall not accept remuneration from the prisoners, his family, or from any other source in exchange for the services offered under this statement of work. 5) Neither the program nor its sponsors may apply for fees under the Equal Access to Justice Act for any suit funded wholly or in part by the Legal Assistance Program funds. If any attorney's fees are awarded or generated under this Act or for any other reason, the funds shall be assigned to the United States Treasury as required by 31 U.S.C. 3302(1988). The resulting contract to provide the above services will be considered a contractual agreement and not a personal appointment to a federal position. The contractor will be monitored to ensure that end results are obtained. Justice Acquisition Regulation (JAR) clause 2852.270-70, Contracting Officer's Technical Representative. The contractor's performance will be monitored by the (COTR). Ms. M.E. Doucette-Lunstrum, Attorney-Advisor, FCI Oxford, WI, 608-584-55111, is hereby designated to act as COTR under this contract. The COTR is responsible 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 contract 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, prior to forwarding the original invoice to the payment office and a confirmed copy to the Contracting Officer. The COTR does not have the authority to alter the contractor's obligations under the contract, direct changes that fall within the purview of the General Provisions clause, entitled ``Charges'' and/or modify any of the expressed terms, conditions, specifications, or cost to the government. For security reasons, the Government reserves the right to prohibit certain contractor employees from working under this contract. In accordance with the Prompt Payment Act, contract payments will be made monthly, based on sessions received by the Government (VII) All contract performance will take place at the Federal Correctional Institution/Federal Prison Camp Oxford, WI. (VIII) FAR provisions 52.212-1 Instructions to Offerors-Commercial is hereby included by reference. The following are addenda to FAR provisions 52.212-1: At the paragraph (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 75 calendar days from the date specified for receipt of offers. At the paragraph (e) multiple offers has been determined by the Contracting Officer to be not applicable to this solicitation and is hereby removed in its entirety for the purpose of this requirement. At the paragraph (h) multiple awards, is not applicable to this requirement. (IX) FAR provision 52.212-2 is incorporated by reference with the following addenda; in paragraph (a); the government will evaluate proposals received from responsive/responsible bidders by A; Cost to the government (X) FAR provision 52.212-3 Offeror Representations and Certifications-Commercial Items, will be completed and submitted with proposal. (XI) FAR clause 52.212-4. Contract Terms and Conditions-Commercial Items, hereby applies to this solicitation. The following are addenda to FAR clause 52.212-4, the following FAR clauses are incorporated by reference 52.237-2 Protection of Government Buildings, Equipment, and Vegetation, 52.232-18 Availability of Funds, 52.203-3 Gratuities, 52.224-1 Privacy Act Notification, 52.224-2 Privacy Act, and 52-225-11 Restrictions on Certain Foreign Purchases, Justice Acquisition Regulation (JAR) clause 2852.270-70, Contracting Officer's Technical Representative. (XII) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items hereby applies to this acquisition. In accordance with FAR clause 52.212-5, the following clauses are hereby incorporated by reference in paragraph (b): 52.222-26 Equal Opportunity (E.O. 11246), 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans (38 U.S.C. 4212), 52.222-36, Affirmative Action for Handicapped Workers (29 U.S.C. 793) 52.222-37, Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38.U.S.C. 4212).a (XIII) The contractor agrees to adhere to all regulations prescribed by the institution for safety, security, custody and conduct of inmates. The period of performance for this contract will be from date of award (estimated at 10/1/96) thru 9/30/97. (XIV) N/A., (XV) N/A. (XVI) Offers in original and two (2) copies shall be received at United States Penitentiary Regional Contracting Office, 1300 Metropolitan Avenue, Leavenworth, KS 66048-1254, Attention: Rick Itson, Regional Contracting Office, by 2:00 p.m. local time, 09/06/96. All offers shall be clearly marked with the offeror's name and RFQ number. (XVII) For additional information, questions, and availability of forms, please contact Rick Itson, Regional Contracting Officer, at 913-682-8700, extension 612. (232)

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