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HomeMy WebLinkAboutCAG1981-019 - Amendment - #1 - U.S. Marshals Service - Basic Ordering Agreement - Federal Prisoner Housing - 05/01/1982 R U.S.Departme )f Justice r. United States Marshals Service MOJ C One Tysons Corner Center McLean, Virginia 22102 December 1, 1982 OEG Isabel Hogan, Mayor City of Kent c/o Kent City Police Department 220 S . 14th Street Kent, Washington 98031 Dear Mayor Hogan: Enclosed is one ( 1) copy of Contract Modification No. J-E86-M-247 between the Kent City Police Department and the United States Marshals Service. Your interest in the requirements of the Department of Justice to house federal prisoners is greatly appreciated. Thank you for your cooperation. Sincerely, Vicki Lipov Contracting Officer Enclosure aTr :J r 77777s3 1 1LY i� PACE-j T F c r •� of Vl<F ,l,a N S zA1 N j AMEND,!' _'. T 01: SOLICITATION/PIODIFICATI' ! OF CO!dTRACT � 5 Ff;', 1- ..t Rfr' ct 'Ik IA 1rR - .,4c(t.DMEnsI M�,ptt.:Ah'J:v NO 112. °it�ECfY"E DATE 2, R(OUlSllKj4ifWCr1A5E kL0'JfST NO. IA. PROJECT NO. (1/app""' o S f>SUEP. EY COOL 6. AIPPA:NlSl(PCD BY (!f otter Ilk- bkhk 3) COL)IF U.nited States 'N�o'.- ,pals Service, }-r.i,,;oner. Sup�rt Division, G;ntracts Br. Inc n Ol'ie rlysons Corner Center kllc.-an Vie. inia 221.02 7. CONTRACTOR COOL FAC11.111, COM: NAME AND ADDRESS —'- AMENDMENT OF SOLICITATION NO. s DATED (Srr black 9) rsr,rrl, l,r,, Kent City Police Department couwly, 11411, MODIfICA110N OF w.d%IP 220 South 4th Street CONTRACT/OP,DER NO. J-E86---M- 2 / code) Kent, Washington 98031 _J DATED 4 1- 81 (Srr b!«k El) 9. THIS BLOCK APP11E5 ONLY TO AMENDMENTS OF SOLICITATIONS r UThe above numbered solicitation is amended or see forth in black 12. The hour and dale specified for receipt of Of1e,s u is easndod, Eli it not extended. Of(srors must ecknovrledg•receipt,.of this amendment prior to the hour and date specified in Il,e s ikcitotion,or as omended,►y one of the following methods. (a:By signing end rt Nrnmp ,, pies.of this amendment;lb)By ocknovd�dg,og riicupt of this amendment on er-h. c py of the offer submdled; or(cl B•/seporots letter or fe t lsgrort rhich includes a refarrncu fa rcdot,an*and amendment numbers, FAILURE OF YOUR /.CKNOWLEDGEMENT 10 BE 2ECEIVED AT IHE ISSUING OFFICE PRIOR TO THE HOOP AN-) DATE SPECIFIED MAY RESULT IN REJECTION Of YOUR OFFER. IT, by vhtue of this omendment you ochre to chon,n on offer already submitted, such change may be mode by lelsgrom or letter,provided such to I'•prom at letter makes rderence to the solicitation and this omendment,ord rs received pact to the opening hour and date speafed. 10. ACCOUNTING AND APPROPRIATION DATA (I/required) -+- 1521020 ($1,222.40) INCREASE 11. THIS BLOCK APPLIES ONLY 10 MODIFICATIONS Of CONTRY.CTS/C4nERS - y (a) This Chong.Order is issued pursuont to The Changes tet forth in block 12 ore mode to tt,e obove numbered conirccf/order. (b) u The abo.w numbered confrocf/order is modified to reflect the administrative chonpes(such as chonges in paying office,appropriation data,efc.)set fort!+ in block 12. ( �C 252 (c) (3)c) �' This SuppTeme �li_`"nfol Agreement is entered into pursuant to authority of It modifies the above numbered contract as set fort.. in block 12. 12. DESCRIPTION Of AMENDMENT/MODiF[CAI ION The purpose fl .—UUU Tl _Zfica t_1on is to inc-r ease y ra fe from $31e42 to $34.52 effective flJay 1, 1982 and to incorporate current contract clauses, and make other administrative changes. Smrlary as follows: 1. On page 1, block 6, third line, delete "annual" . 6 NOTE: In the future all ariards written against the BOA may be issued for a period not to exceed three (3) years. 2. On page 5, delete ARTIC-F, II in its entirety and substitute the following: ARTICLE II - EFE=IVE PERIOD/SUSPENSION This agreement, once executed by the Contracting Officer, shall be in effect for an indefinite period of time. It may be discontinued for future application upon 30 days written notice by either party, provided that such discontinuance shall not affect any contract in effect under the agreenr-nt. Eecept as provided M-e n,all forms and conditions of the document referenced in b:uk d,as br.eofore clanged,rsnow undorysd and in full Force and effecs. ❑ CONTRACTOR/OftFROR 1S NOT tEOUIRFO CONTRACTOR/OFFEROR IS AEOOIPED TO SIGN Ti'IS D00iMENT AND RETURN 2 COPIES TO ISSUING OFFICE t0 THIS DOCUMENT Tt. NAMIF I TOR fCRG 17. UNTIED STATES Of AMERICA/"J�////y- !-� (Sprwhrre of pe r>,rttwnnd to ogn) -~� (5+gnasure of t mg OI r) 15. NA.ME AND TITLE Of SIGNLt (Typr or punt) ._.__ I6.ID/ATE SIGNED 15. Ws.kE Of CONTRACTING Offr'-FR (7jpr or prrnl) 19. DATE S1GNfO Mayor Isabel Hogan rI�f? VICKI LIPOV 30-10E 011.5'. C:r1Vf:RNHi'r:T FPTKTENC OFFICE : !900 0 - 311-`1�53 (63110) t, UNITED STATES hIARSHALS SERVICE Contract No. Page No. CONTRACT SCHEDULE (SUPPORT OF U.S. PRISONERS) J-E36-M-247 2__ of 5- Kith regard to any contract placed under this aareerr;ent., it is recognized by the con- tracting parties that changed conditions beyondr-Lhe contractor's control alight arise under the contract, (i.e. overcrowded conditions, enactnent of local laws, court order, etc. ) which make it impossible to continue housing FcAeral prisoners within the basic contract objectives contemplated. Should conditions of an unusual nature occur ,making it .impractical or undesirable to continue housing prisoners, the contractor may request a suspension of detention services upon mutual agreanent of the contracting parties by making such a request with a minimum of thirty (30) days a.dv-uiced written notice to the Contracting Officer. Notice to the contracting officer shall be by registered mail and addressed to the Contracting Officer, One Tysons Corner Center, McLean, Virginia 22102. The thirty (30) days notice sha11_ be carputed from the date of mailing of such notica. Final response frr.n the government shall not be unreasonably withheld. 3. On page 7, delete ARTICI,.r IV in its entirety and substitute the following: ARTICLE IV - PRICING ARRANGF.ME'T & TYPE OF CONTRA(_'r A. It has been determined that any contract issued against this Basic Ordering Agreement will be a "Fixed-price, With Redet.ernination, RegLuremetits Contract", in vhich the per- capita rate will be established on the actual costs or the operations of the contractor's faciliy during the contractor's last annual accounting period or on an APPROVED budget, prior to the award of the contract. The level.. of jail clays wprich will be ,specified in the contract, and on page 1 of this Basic Ordering Agreement are estimates only and are not purchased hereby. Except as may be- otherwise provided herein, in the event the government's require ent.s and estimates in this Basic Ordering Agreer.—ant and/or contract do not result in.the aTmunts or quantities describe as estimated, such event shall not constitute the basis for an equitable price adjustment. B. If, at the end of twelve (12) months from the initial contract award against this Basic Ordering Agreement, and at the end of each subsequent twelve (12) nbnth period, the contractor's cost of any service covered by this contract has increased or decreased, then. upon written notice by the contractor to the Contracting Officer and by the sub- mission of certified cast and pricing data, the per-capita daily rate for services delivered in accordance with the contract, may be adjusted by a written nodification to the contract. 4. On page 7, delete ARTICLE V in its entirety and redesignate ARTICLE III. 5. On page 7, add the following ARTICLES: ARTICLE V - INSPECTION A. All services (which terms throughout this clause includes services performed, materia furnished or utilized in the porfonn3nce of services, and workrnanship in the perfornance of services) shall be subject to inspection and test by the Government, to the extent practicable, at all times and places during the teni of the contract. All inspec-tio.-is by the Government shall be made in such a mainer as not to unduly delay the work. B. If any services performed hereunder are not in conformity with the requirements of the contract, the Government sha1.1 have the right to roquire the Contractor to perform the services again in confonrity with the requirements of the contract, at no additional increase in total contract armunt. When the services to be perfcrmed are of such a GPO 930-944 Form USM-246 (Est.5/16/78) • W UNITED STATES MARSHALS SERVICE LContracto. Page No. CONTRACT SCHEDULE(SUPPORT OF U.S. PRISONERS) M-247 3 of nature that the defect cannot be corrf�cted by reperfcrnance of the services, the Govern- ment shall have the riJnt to (i) require the Contractor to inm�ediately take all necessary steps to ensure future performance of the services in conformity with the requirements of the contract, and (ii) reduce the contract price to reflect the reduced value of the services performed. In the event the Contractor fails promptly to perform the services again or to take necessary steps to insure future performance of the services in con- formity with the requirements of the contract, the Government shall have the right to, either by contract or otherwise, have the services perfonned in conformity with the con- tract requirements. ARTICLE VI - MODIFICATION AUTHORITY This Agreement msy be re--evaluated at any time at the request of either party, to determine whether modifications are necessary. The contractor shall not accept any modifications of the terms, conditions, or General Provisions by any person other than the Contracting Officer. ARTICLE VII - GOVERN.MEaQT FURNIShM, PROPERTY A. it is the policy of the United States Marshals Service to furnish goverment property to be used in the perfornaance of the contract when so doing is in the best interest of the Government to :Lacer contract costs and to improve concliti.ons of confiner:ent for Federal_ prisoners and/or increased level of services pursuant to 18 USC 4002. If during the performance of this contxact, suitable property in the possession of the Government be- conns available for use in connection with the objectives of this contract, such property through th�-e issuance of a change order requiring its use, together with such relatcAd data as to its intended use, and shall equitably adjust the amount to be paid to the local government on any outstanding or subsequent voucher commensurate with the value of the property. B. While property transferred to the contractor remains titled to USMS accountability for management, maintenance of all loaned property is the responsibility of the contractor and said property shall be returned to the Goverrurent at the completion of the contxact unless disposition instructions are issued by the Contracting Officer. C. A physical inventory of all excess property in the possession of the contractor will be taken annually by the date requested by the Contracting Officer. D. The inventory process involves taking a copy of the inventory list and systematically going from room--to-roan, floor-to-floor, and building--to-building, checking off the list. The inventory List should be updated during the physical inventory. Items lost, mussing, or damged should be reported in accordance with the procedures contained in paragraph i. Items found unlabeled should be labeled during the course of the inventory. Contractors must be able to reconcile at least 95% of their inventories in order to continue to ob- tain property. E. Inventory Control Lists. These lists, prepared and maintained as directed, should include at least the following information: I. Physical Description 2. USMS Label Numbers 3. Condition of Property 4. Serial Numbers 5. Quantity GPO 930.044 Form USM-246 (est.5/16!78) UNITED STATES MARSHALS SERVICE Contract No. Page No. CONTRACTSCHEDULE (SUPPORT OF U.S. PA"ISONERS) J-E86-M-247 4 of 'S F. Inventory Certification. Ulx--n completion of the physical, inventory the contractor shall r-ake the following certifications of one (1) copy of the inventory listing appropriately -uu-iotated, and shall send it to the Contracting Officer_ : "I certify that a physical inventory was taken as of and that all property has been accounted for._ I further cer4-ify that all unneeded items have been reported in accordance with USMS directives". G. Labeling. 1. The Contracting Officer will issue property identification label: . The con- tractor shall affix the labels to all non-expendable personal property on the day it arrives at his site. At that time, the contractor shall acid the property to his in- ventory lists. Labels shall be placed so that they are clearly and easily visible for both ownership in_pec:tion for the taking of physical inventories. 2. Numbered labels will be used for all nonexpendable personal property. The assigned number will aid -in inventory control. This number should be entered on the inventory control list and on the SF-122 in the file, for .reference purposes. H. Maintenance and Safeguarding. Contractors will maintain federally owned excess prcp-rty in operating condition and establish safeguards to protect property from loss, damage, theft or unauthorized use. Such safeguards and maintenance should be in accordance with sound and acceptable business practices. USMS aril-_ not be responsible for reimbursement of costs assumed by contractors in the maintenance or upgrading of loaned property. I. bast, Damaged, or Stolen Property. When Federal excess property, is lost, damaged, or stolen, it should be immediately reported to the Contract Officer. In cases where theft is suspected, the contractor shall notify the contract monitor. Contractors will send a copy of this noltification to the Contracting Officer. The Contracting Officer will,take necessary action in accordance with USMS property management regulations. :,J:I'ICLE VIII - CENTRAL PROVISIOT:S The following clauses are hereby incorporated by reference and made a part of any contract placed against this agreement which exceecits $10,000. Copies are available frn-n the contracting agency by request: 1. Definitions - FPR 1-7.102-1 2. Changes - FPR 1-7.102-2 3. Extras - FPR 1-7.102-3 4. Assignment of Claims - FPR 1-30.703 5. Federal, State and Local Taxes - FPR 1-11.401-1 6. Default - FPR 1-8.707 7. Disputes - FPR Ternjmr<ir_y Regulation 55 B. Convict Labor - FPR 1-12.204 9. Contract Wbrk Flours and Safety Standards Act - FPR 1•-12,303 GPO 930-044 Form USNA-246 Est.5/1W78) . W UNITED STATES MARSHALS SERVICE Contract No. Page No. CONTRACTSCHEDULE (SUPPORT OF U.S PRISONERS) J-E86-M-247 5 of 5 10. Equal Opportunity - F'PR 1-12.803-2 11. Officials Not to Benefit - FPR 1--7.102-17 12. Covenant Against Contingent Fees - FPR 1-1.503 13. Termination for Convenience of the Goverruip-nt - FPR 1-8.701 14. Pricing of Adjustments - FPR 1-7.102-20 15. Employment of the Handicapped - FPR Temporary Regulation 38 16. Clean Air and Water - FPR 1-1.2302-2 17. Examination of Records by the Co?Lptroller General - FPR 1-7.103-3 18. Utilization of Labor Surplus Area Concerns - PPR 1-1.805-3(a) 19. Disabled Veterans and Veterans of the Vietnam Area - FPR Temporary Regulation 39 20. Price Reduction for Defective Cost or Pricing Data - FPR 1-3.814-1(a) 21. Price Reduction for Defective cost or pricing data - price adjustments FPR 1-3.814-1(b) 22. Audit - FPR 1-3.814-2 23. Subcontractor Cost or Pricing Data - FPR 1-3.814-3(a) 24. Subcontractor Cost or Pricina Data - Price adjusti-,-2nts - FPR 1-3.814(b) 25. Utilization of Warren- Y�,ned Business Concerns FPR Temporary Regulatiou 54 26. Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Econaaically Disadvantaged Individuals - FPR Temporary Regulation 50, Supplement 2 27. Payrrnnts - FPR 1-7.102-7 28. Fair Labor Standards Act - Pricing of Adjustments - FPR Regulation 219 6. PAST AC'I'[1ALS FY 82 (10T1781 - 4/30/82) 5 PDs @ $31.42 $ 157.10 ESTIMATES FY 82 (571/82 - 9/30/82) 145 PDs @ $34.52 $ 5,005.40 FY 83 (10/l/82) - 9/30/83) 150 PDs @ $34.52 $ 5,178.00 FY 84 (10/1/82 - 9/30/83) 150 PDs @ $34.52 _$ 5,178.00 TOTAL $15,518.40 C GPO 030.944 Form tJSM-246 (Est.5/16/781