B_Tab_1_Solicitation_Final.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division Field Acquisition Office Grand Prairie, Texas 75051

August 9, 2018

RE: 15B10618Q00000001

Federal Medical Center (FMC), Butner, NC

Dear Quoter:

Accompanying this cover letter is a Request for Quotation (RFQ) prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Prosthetic and Orthotic Services for FMC Butner, NC. This package contains all the necessary information for submitting a request for quote for evaluation.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 and FAR 52.212-3 for Commercial Items. These clauses require all Contractors doing business with the Federal Government to be registered in System for Award Management (SAM) database. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee's DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help you. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

All quotations must be received on or before the deadline of August 21, 2018 at 2:00 P.M. Central Standard Time.

Emailed quotes will be accepted to csolis@bop.gov in .pdf format only and will be deemed received as indicated on the email notification. Emails rejected by filters are not the responsibility of the Government. Please do not submit quotes to any location other than the email listed above. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-l (f). No faxed or mailed quotes will be accepted.

Should you have any questions, please make these inquires in writing. Questions may be submitted via facsimile at (972) 352-4545, or e-mailed to csolis@bop.gov.

Sincerely, //s// Chico O. Solis, Contract Specialist Federal Bureau of Prisons Field Acquisition Office http://www.aptac-us.org/ mailto:csolis@bop.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B10618Q00000001

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/09/2018

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Chico O. Solis csolis@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4537

8. OFFER DUE DATE / LOCAL

TIME

08/21/2018 14:00:00 CST

CODE 15B106

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 621399

SIZE STANDARD: $7,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B106CODE15. DELIVER TO

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

CODE 15B10616. ADMINISTERED BY

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BBUXCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Butner

PO BOX 999

BUTNER, NC 27509

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

To perform Prosthetic and Orthotic Services according to the Statement of Work at FMC Butner, NC.

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Chico Solis

31c. DATE SIGNED

08/09/2018

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B10618Q00000001

0544-17

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Prosthetic & Orthotic Services per Statement of Work.

Base Year: Effective date of award (EDOA) through 12 months from EDOA.

Orthotics/Prosthetics (New Fittings/Repairs/ Adjustments)

Estimated Visit Duration - 4 hours

Estimated Visit Quantity - 96 annually

Orthotics:

Orthotic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

Prosthetics:

Prosthetic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

0.000000 $____________ $___________________

0002 Prosthetic & Orthotic Services per Statement of Work.

Option Year 1: 13 months through 24 months from EDOA.

Orthotics/Prosthetics (New Fittings/Repairs/ Adjustments)

Estimated Visit Duration - 4 hours

Estimated Visit Quantity - 96 annually

Orthotics:

Orthotic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

Prosthetics:

Prosthetic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

0.000000 $____________ $___________________

0003 Prosthetic & Orthotic Services per Statement of Work.

Option Year 2: 25 months through 36 months from EDOA.

Orthotics/Prosthetics (New Fittings/Repairs/ Adjustments)

Estimated Visit Duration - 4 hours

Estimated Visit Quantity - 96 annually

Orthotics:

Orthotic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

Prosthetics:

Prosthetic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

0.000000 $____________ $___________________

0004 Prosthetic & Orthotic Services per Statement of Work.

Option Year 3: 37 months through 48 months from EDOA.

Orthotics/Prosthetics (New Fittings/Repairs/ Adjustments)

Estimated Visit Duration - 4 hours

Estimated Visit Quantity - 96 annually

Orthotics:

Orthotic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

Prosthetics:

Prosthetic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

0.000000 $____________ $___________________

0005 Prosthetic & Orthotic Services per Statement of Work.

Option Year 4: 49 months through 60 months from EDOA.

Orthotics/Prosthetics (New Fittings/Repairs/ Adjustments)

Estimated Visit Duration - 4 hours

0.000000 $____________ $___________________

Estimated Visit Quantity - 96 annually

Orthotics:

Orthotic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

Prosthetics:

Prosthetic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

2.1 Schedule Continued

Please complete the above information when preparing your quote for the base year and options years. Any resulting contract will be an indefinite delivery/requirements contract with firm-fixed unit prices. As such, quantities listed are estimates only and are not a rep-resentation to an offeror or Contractor that the estimated quantities will be required or ordered or that conditions affecting require-ments will be stable or normal (FAR 16.503(a)(1)).

Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203 (d), quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

NOTE: Award shall be made to the responsive/responsible offeror submitting the lowest TOTAL OFFERED AMOUNT. These prices will include all overhead, profit, fees, administrative costs, along with all applicable state and local fees, being charged by the Con-tractor.

Section 2.2 – Statement of Work, Orthotics/Prosthetics Practitioner

A. Introduction

FCC Butner requires the services of an Orthotics/Prosthetics practitioner for inmates at the Federal Correctional Complex (FCC) Butner, North Carolina. The FCC includes the Federal Medical Center (FMC), the Federal Correctional Institution (FCI), the Federal Prison Camp (FPC), and the Low Security Correctional Institution (LSCI). This will be a contractual arrangement between the contractor and the Federal Government and does not constitute an employer/employee relationship. The contractor must accomplish a specific result without supervision, according to the work statement, within the contractor’s own determination. The contractor is required to complete all tasks outlined in the Statement of Work by applying whatever methods are deemed appropriate, consistent with professional standards and BOP policy. Payment will be based on the provision of an end product or the accomplishment of a specific result. The contractor will not be subject to Government supervision, however, monitoring will be provided by the Contracting Officer’s Representative (COR). Due to the secure nature of the institution and the requirements set forth for entry and inmate contact, and in order to maintain continuity of care for the inmate population, a single Orthotics/Prosthetics provider will be selected to provide these services “in house”.

B. Background This non-personal service requirement is due to the FMC Rehabilitation needs that are not included in the current comprehensive medical contract under separate contract award.

C. Scope The overall purpose of this non-personal service contract is to provide approximately 72 hours per year of Orthotics/Prosthetics services to FCC Butner. The contractor will be responsible for providing professional medical services in the field of orthotic/prosthetic appliance application and/or footwear installation and repair as deemed necessary.

II. WORK REQUIREMENTS

A. Technical Requirements The contractor is responsible for the provision of the services listed below:

Provide professional medical services in the field of orthopedic appliance application and/or orthopedic footwear installation.

Applications may include upper extremity, lower extremity, individual inner/outer footwear needs, and any other custom appliances as determined by the Clinical Director. Please note that some orthotic footwear needs, such as relatively simple insert needs will be provided by BOP employees employed at either FMC Butner or elsewhere. The contractor shall supply the following: (annual estimated quantities -no guaranteed minimum quantity):

· Orthopedic Footwear: i.e., HCPCS codes L3225 through L3251

Estimated Quantity: 20

· Below The Knee Prosthetic: i.e. HCPCS codes L5620, L5540, L5301, L5637, L5655 and L5668

Estimated Quantity: 4

· Above the Knee Prosthetic: i.e., HCPCS codes L5624, L5590 and L5321

Estimated Quantity: 2

· Lower Limb -Ankle-Foot: i.e. HCPCS codes L1900 through L1990

Estimated Quantity: 28

· Lower Limb Knee: i.e., HCPCS codes L1800 through L1885

Estimated Quantity: 15

Note: The above stated quantities and L codes listed are only provided as an estimate of need and for purposes of responding to the solicitation. In reality, these and other L codes not listed may be utilized during the term of the agreement.

The contractor shall also perform repairs to prosthetic devices as deemed necessary by the Hospital Administration.

B. General Experience The contractor must have a minimum of one-year experience performing Orthotics/Prosthetics skills. The contractor must have the ability to work with an inmate population from a variety of cultural, regional, racial and ethnic backgrounds. Experience working with an inmate population is preferred, however, is not required.

C. Professional Certification

The contractor must be certified as an Orthotics/Prosthetics professional from an accredited school and have one year experience in this field. The contractor is required to indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. The contractor must maintain malpractice insurance coverage of $1,000,000.00. The offeror shall provide a copy of all the above stated qualifications with their quote to the contracting officer.

Contractor shall be a Medicare provider that is not under any sanctions nor have any administrative or criminal remedies or penalties pending.

D. Supplies With the exception of specialized supply items incorporated into the Health Care Procedure Coding System (including all so-called “L code” items), all clinic supplies that the contractor may routinely need will be provided by FCC Butner. These supplies will normally include any materials needed to perform the services covered under this contract. All medical records remain the property of FCC Butner in accordance with the Privacy Act of 1974.

III. SUPPORTING INFORMATION

A. Security Contractor agrees to adhere to all regulations prescribed by the institution for safety, custody, and conduct of inmates. The contractor shall attend a 4 hour orientation program prior to assuming their full duties within the institution.

Provision of services under this contract will require frequent and unsupervised contact with inmates. Contractor will not be responsible for the administrative management of inmates other than to ensure that those inmates involved in activities within the contractor’s scope of work shall abide by all rules in effect to ensure their safety and well being.

Unless individual waivers are obtained under procedures outlines in Program Statement 4100.02, dated May 3, 1989, the following investigative procedures will be applied to contract employees working under the terms of this the proposed contract.

A. NCIC Check (National Crime Information Center) B. DOJ-99 (Name Check) C. FD-258 (Fingerprint Check) D. Vouchering of employees over the past five years E. Law Enforcement Agency Checks F. SF-171 (Personal Qualifications Statement) G. OPM-329-A (Authority for Release of Information) H. Urinalysis Test for detection of drug and marijuana usage.

B. Place of Performance The services will be performed at FCC Butner, North Carolina under the direction of the COR.

C. Period of Performance

This will be a firm fixed price, indefinite delivery, requirements contract that is based upon valid L Code billings via the prior mentioned Medicare based payment methodology. The period of performance will be for a base period and four one-year option periods. The work schedule will consist of TWO clinics per month that will last an estimated projected four hours. The total projected clinic hours will be approximately 96 hours per year. The work schedule will include at least one 15 minute break period.

Any deviation from this schedule shall require the prior approval of the COR. Hours of work must be during normal work days and hours, Monday through Friday, 7:30 a.m. - 4:00 p.m., excluding official Federal Government holidays. While the growth in service needs over the term of the contract are projected to remain constant, should there be a substantial increase in patient referrals to FMC Butner it is possible that there could be a corresponding substantial increase in demand for orthotic/prosthetic services over and above the projections included in this Statement of Work. The successful offer must be able and willing to meet any now unforseen additional workload during the contract term

D. Special Considerations The contractor may be required to submit to testing for or provide evidence acceptable to the Clinical Director of recent testing for Tuberculosis or other communicable diseases as might be required by the Clinical Director. Failure to submit to testing for, or provide acceptable evidence of recent testing for or immunity to, selected communicable diseases shall be grounds for denying access to inmates and may result in termination of the contract.

All hours worked must be documented by the contractor by showing the total number of hours worked on the “Log of Consultants Visit” form with each entry being signed and dated by the contractor. Contractor shall immediately inform the COR in writing of any claims made, lawsuits filed or other legal actions that might occur as a result of the contractor’s practice of his/her profession, not only as a result of services performed at a BOP facility, but also those involving any setting in which services of a nature substantially similar to services contracted for by FCC Butner are being performed.

Contractor shall immediately inform the COR in writing of any adverse action taken by any State regulatory body involving certification. This includes, but is not limited to, suspensions, revocations, and restrictions on practice or prescribing and reprimands.

E. PRICING METHODOLOGY

All price proposals shall be calculated from a benchmark utilizing Medicare reimbursement methodologies. The submitted proposal must include this methodology. For each category of service to be provided, Offerors should provide an amount equal to or propose a variance from the benchmark Medicare rate in the form of a discount from or a premium to Medicare rates established by the Centers for Medicare & Medicaid Services.

Medicare Part B Physician Services: The Medicare benchmark to be utilized for all physician services covered by Medicare Part B shall be those rates established in the most current Medicare Part B Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas. The benchmark charges shall be those established for participating providers.

The rates established in the resulting contract shall not be construed as participation in the Medicare program; rather, contract rates will merely be equated to Medicare rates of reimbursement. This pricing methodology is not intended to be restrictive of any offer. If during the term of the contract it is determined that a necessary contract deliverable is not covered by Medicare reimbursement methodologies, a separate rate shall be negotiated for such deliverable(s).

During the course of the contract, the dollars charged per unit of service might change as Medicare payments change for North Carolina providers. However, the percentage of Medicare payment methodology will not. As an example, by a provider stating he will accept Medicare assignment payment methodology as payment in full (100% of Medicare payment methodology) for all services provided, this means that methodology must be used for all billings directly related to orthotic/prosthetic services provided at FMC Butner and not just for the example L codes discussed elsewhere in the Statement of Work. FMC Butner can not accept electronic billing for services rendered. All billings for services rendered must be received at the FMC Business Office within 90 days of service or the potential financial obligation will be null and void.

F. Total

Use workload projections included in this Statement of Work and Medicare L code rates for North Carolina providers in effect as of August 1, 2002.

Base Period Medicare %_______ total dollars______

Option Year 1 Medicare %_______ total dollars______

Option Year 2 Medicare %_______ total dollars______

Option Year 3 Medicare %_______ total dollars______ Option Year 4 Medicare %_______ total dollars______

Section 3 – Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Jan 2017) The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

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.acquistion.gov/far

Clause Title 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.232-18 Availability of Funds (Apr 1984)

Clauses by Full Text

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the current performance period through the last day of the current performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one session, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items within the current performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items within the current performance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

(End of Clause)

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the expiration of the current performance period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, but excluding the exercise of any option under the clause at 52.217-8, Option to Extend Services which is incorporated into this contract, shall not exceed 5 years.

(End of Clause)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level:

High Risk - Background Investigation (5 year scope)

Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a.

and 1b. above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

(End of Clause)

52.218-000 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (May 2008) During a Pandemic or other emergency, we understand that our contractor workforce will experience the same high levels of absenteeism as our Federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make reasonable effort to keep performance at an acceptable level during emergency periods. The Office of Personnel Management (OPM) has provided guidance to Federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services during a pandemic influenza or other emergency situation.

The types of actions a Federal contractor should reasonably take to help ensure performance are:

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

• Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period).

Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees’ personal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accomplish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must performance all duties assigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor’s responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Bureau of Prisons (BOP) to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, the Contracting Officer’s Technical Representative, via telephone or e-mail messages acknowledging the contractor’s notification. The incumbent contractor is responsible for assisting the BOP in estimating the adverse impacts of nonperformance and to work diligently with the BOP to develop a strategy for maintaining continuity of operations.

The BOP does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contracting support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of Federal Policy issuance “Emergency Acquisitions”, dated May 2007 and Subpart 18.2, Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

(End of Clause)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Representative (COR) as potentially hazardous and requiring safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

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

(a) Stephen Berry, FMC Butner, 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.

(End of Clause)

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011)

The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor’s performance will be evaluated in accordance with FAR 42.15.

Contractor monitoring reports will be prepared by the Contracting Officer’s Representative (COR) and maintained in the file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive and e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor is registered in CPARS. The e-mail will contain a “user ID” and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

52.27-103-72 DOJ Contractor Residency Requirement (June 2004) For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. Worked for the U.S. overseas in a Federal or military capacity;

3. Been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.state.gov/s/l/treaty/collectivetreaty.

By signing this agreement/ commitment document, or by commencing performance, the contractor agrees to this restriction.

(End of Clause)

DJAR_PGD-15-03 Security of Department Information and Systems (Apr 2015) I. Applicability to Contractors and Subcontractors This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) Information.

E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information.

III. Confidentiality and Non-disclosure of DOJ Information A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S. Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor.