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COMMERCE BUSINESS DAILY ISSUE OF AUGUST 22,1996 PSA#1664Federal 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) Loren Data Corp. http://www.ld.com (SYN# 0087 19960821\R-0001.SOL)
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