Sol_15B11819Q00000031.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Administration Division

Field Acquisition Office

Grand Prairie, Texas 75051

RE: Request for Quote 15B11819Q00000031

Onsite Mobile Diagnostic Testing

United States Penitentiary (USP) Big Sandy

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Onsite Mobile Diagnostic Testing located at USP Big Sandy, Kentucky. This package contains all necessary information to submit a quote.

When submitting your quote, you shall consider all information provided herein. Please carefully follow all instructions located on pages 32 of 47 of the solicitation package concerning content, format, and submission of quotes.

All potential quoters are advised that this solicitation includes the provision at FAR 52.204-7 System for

Award Management which requires that an offeror be registered in SAM when submitting an offer or quote and continue to be registered throughout the duration of the contract. 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 awardees DUNS number into the

SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, all quoters SAM registration should include NAICS code 621512.

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. 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.

Quotes shall be received on or before the deadline of November 14, 2019, at 9:00 a.m. Central Time.

Quotes shall be submitted electronically via email to t8johnson@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted. Quotes received after the quote deadline will be handled in accordance with FAR

212-1(f).

Please submit any questions you may have in writing. Questions may be submitted via email to t8johnson@bop.gov

Sincerely, Tammie Johnson, Contracting Officer

Tammie Johnson

15B11819Q00000031 Page 1 of 47

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B11819Q00000031

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

10/15/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Tammie Johnson t8johnson@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4535

8. OFFER DUE DATE / LOCAL

TIME

11/14/2019 09:00:00

CODE 15BFA0

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

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

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: 621512

SIZE STANDARD: $16,500,000.00

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

15B118CODE15. DELIVER TO

Federal Bureau of Prisons USP Big Sandy

1197 AIRPORT ROAD

Inez, KY 41224

CODE 15B11816. ADMINISTERED BY

Federal Bureau of Prisons USP Big Sandy

1197 AIRPORT ROAD

Inez, KY 41224

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BBSYCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons USP Big Sandy

PO BOX 2067

INEZ, KY 41224

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

Provisions of onsite Mobile Diagnostic Testing (Mobile MRI) services in accordance with the statement of work.

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

X 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)

Tammie Johnson

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

270-19

15B11819Q00000031 Page 2 of 47

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15B11819Q00000031 Page 3 of 47

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work

2.3 Special Contract Conditions

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) DJAR-PGD-15-03 Security of Department Information and Systems DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014)

4 List of Attachments 5 Solicitation Provisions

5.1 Quote Submission Instructions

5.2 Award Methodology

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018)

15B11819Q00000031 Page 4 of 47

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year: Estimated maximum - onsite clinic for CT scans. 20.000000 EA $____________ $___________________

0002 Base Year: Estimated maximum - onsite clinic for Ultra Sound. 20.000000 EA $____________ $___________________

0003 Base Year: Estimated maximum - onsite clinic for MRI. 30.000000 EA $____________ $___________________

0004 Base Year: Estimated maximum - onsite clinic contrast injections. 5.000000 EA $____________ $___________________

0005 Option Year 1: Estimated maximum - onsite clinic for CT scans. 20.000000 EA $____________ $___________________

0006 Option Year 1: Estimated maximum - onsite clinic for Ultra Sound. 20.000000 EA $____________ $___________________

0007 Option Year 1: Estimated maximum - onsite clinic for MRI. 30.000000 EA $____________ $___________________

0008 Option Year 1: Estimated maximum - onsite clinic for contrast injections.

5.000000 EA $____________ $___________________

0009 Option Year 2: Estimated maximum - onsite clinic for CT scans. 20.000000 EA $____________ $___________________

0010 Option Year 2: Estimated maximum - onsite clinic for Ultra Sound. 20.000000 EA $____________ $___________________

0011 Option Year 2: Estimated maximum - onsite clinic for MRI. 30.000000 EA $____________ $___________________

0012 Option Year 2: Estimated maximum - onsite clinic for contrast injections.

5.000000 EA $____________ $___________________

0013 Option Year 3: Estimated maximum - onsite clinic for CT scans. 20.000000 EA $____________ $___________________

0014 Option Year 3: Estimated maximum - onsite clinic for Ultra Sound. 20.000000 EA $____________ $___________________

0015 Option Year 3: Estimated maximum - onsite clinic for MRI. 30.000000 EA $____________ $___________________

0016 Option Year 3: Estimated maximum - onsite clinic for contrast injection.

5.000000 EA $____________ $___________________

0017 Option Year 4: Estimated maximum - onsite clinic for CT scans. 20.000000 EA $____________ $___________________

0018 Option Year 4: Estimated maximum - onsite clinic for Ultra Sound. 20.000000 EA $____________ $___________________

0019 Option Year 4: Estimated maximum - onsite clinic for MRI. 30.000000 EA $____________ $___________________

0020 Option Year 4: Estimated maximum - onsite clinic for contrast injections.

5.000000 EA $____________ $___________________

Aggregate Pricing (Base Year +All Options): ____________

2.1 Pricing Methodology

The quantity of services to be provided by the contractor is estimated. These estimates are not a representation to an quoter or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal.

(FAR 16.503(a)(1) Contract pricing shall include all charges to the Government for providing the services required by the solicitation.

15B11819Q00000031 Page 5 of 47

Pursuant to FAR 17.203(b), The Government's evaluation shall be inclusive of options.

The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year requirement. Pursuant to FAR 17.203(d), the quoter may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

2.2 Statement of Work

ONSITE MOBILE DIAGNOSTIC TESTING

STATEMENT OF WORK

General Information - The Federal Bureau of Prisons, Field Acquisition Office intends to establish a contract for the provision of mobile onsite diagnostic testing services. Services are to be performed onsite at the United States Penitentiary (USP) Big Sandy and the Satellite Prison Camp (SPC) Big Sandy, located in Inez, Kentucky. USP Big Sandy is a high security facility housing approximately 1500 federal male inmates. SPC Big Sandy is an adjacent facility that houses approximately 100 minimum security male inmates. Additional information regarding the Federal Bureau of Prisons and its facilities is located at: www.bop.gov.

Place of Performance - The diagnostic testing services will be performed in the mobile unit provided by the contract company performing the testing. The unit will be parked in a secured area at the USP and in the parking lot at the SPC, both facilities located at 1197 Airport road, Inez, Kentucky 41224.

Schedule of Performance – It is anticipated that the contractor will provide clinics once a month on date determined in advance and agreeable to both parties. Clinics will be scheduled between the hours of 7:30 a.m. - 3:00 p.m., Monday through Friday, excluding federal holidays (7 hours each visit). The contractor will be notified in advance of the requested date of service and the number of inmates scheduled for each clinic. The schedule is subject to change based on the variable needs of the institution and the unpredictable nature of the correctional environment. Upon agreement, any changes must be coordinated with the Health Services Administrator or his/her designee. It is anticipated that USP Big Sandy will require an estimate of 20 CTs, 20 ultrasounds, 30 MRI exams and 5 contrast injections per year.

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or other security matters. When contract employees report to the institution but are unable to perform services due to such delays, the contractor will be paid for one session. Normally, any remaining sessions for that day will be suspended and the contractor will be free to leave and the contractor will not be paid for the remaining unperformed sessions. However, if the institution requests that the contractor remain at the institution for eventual performance, the contractor shall be paid for such sessions. In the event of any absence, the contractor shall provide replacement coverage. If the contractor fails to provide coverage, the Government may seek contractual remedy.

15B11819Q00000031 Page 6 of 47

Description of Responsibilities - The contractor will be responsible for providing onsite mobile diagnostic testing for the inmate population, to include Magnetic Resonance Imaging (MRI), Computerized Tomography (CT), Ultrasound Services (General), and Ultrasound Services (Vascular/Doppler/Echocardiograms). All of these services will include interpretations, faxing, and supplies. Services will be performed in accordance with standards and methods generally accepted in the diagnostic field, and in compliance with all Federal and State policy and regulations, as well as adherent to all standards and regulations associated with the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and American Correctional Association Foundation/Core Standards for Adult Correctional Institutions.

The contractor’s performance shall be monitored by the HSA. The contractor must have the ability to work with an inmate population from a variety of cultural, regional, racial, and ethnic backgrounds.

The contractor will provide legible written reports within five working days after the diagnostic testing has been performed. The reports will either be scanned through e-mail or faxed to the Clinical Director and Health Services Administrator.

Education and Qualifications - The contractor will provide the USP and SCP with staff that possesses the knowledge, skills, and abilities to provide high quality diagnostic testing and associated services. In addition a current and valid license of all contractor staff will be provided to the Health Services Administrator prior to the beginning of these services. License will be updated and provided to the Health Services Administrator prior to the expiration date.

No contractor staff will be authorized to perform diagnostic testing services either at the USP or SCP without prior provision of current licensing documentation.

All procedures will be performed by a registered radiology technologist and interpreted by a Board Certified Radiologist. The contractor must provide photocopies of documents evidencing the ability to meet the qualifications to perform the required services (license, diplomas, certificates, etc.)

Equipment and Supplies - All supplies and equipment necessary to perform the diagnostic testing will be provided by the contractor. The equipment will be maintained by the contractor and must remain in good working condition. The contractor will provide copies of documentation showing the equipment has been serviced and maintained according to manufacturer recommendations, and that problematic areas have been addressed and corrected.

This documentation must be provided to the Health Services Administrator prior to the beginning of services and yearly thereafter. All records provided by the contractor under this contract will remain the property of the institution. USP Big Sandy will provide a 480 volt, 4 prong electrical outlet for the trailer hookup.

Inmate Management - The provision of services under this proposed contract will require frequent and unsupervised contact with inmates. The contractor will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the contractors scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants.

15B11819Q00000031 Page 7 of 47

Institution Security/Investigative Requirements - The contractor and all employees involved in the provision of services under this contract shall meet certain security requirements prior to the provision of services. The Health Services Administrator is responsible for conducting the appropriate vouchering and criminal background checks (National Crime Information Center

[NCIC]).

The contractor/contract employee shall agree to all regulations prescribed by the institution for the safety, custody, and conduct of inmates. The contract employee will be required to operate a system of records as identified for medical treatment documents and will required adherence to the Privacy Act of 1974. The contract employee will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn at all time for proper identification.

Attire- The contractor is expected to wear professional clothing while on duty (scrub uniforms are approved). The attire shall be appropriate for a correctional environment in which the contract employee will be performing.

2.3 Special Contract Conditions

The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded by January 1, 2020 and the effective date of March 1, 2020.

The resulting contract will include a base year period from the Effective Date of Award (EDOA) through 12 months from the EDOA, four (4) possible 12-month option periods for renewal at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43.103(b) and 52.217-9, "Option to Extend the Term of the Contract”.

Base Year: Effective Date of Award (March 1, 2020 through February 28, 2021 Option Year 1: March 1, 2021 through February 28, 2022 Option Year 2: March 1, 2022 through February 28, 2023 Option Year 3: March 1, 2023 through February 29, 2024 Option Year 4: March 1, 2024 through February 28, 2025

Place Of Performance: Services will be performed inside the mobile unit provided by the contractor. The mobile unit will be parked in a secured are at the USP and in the parking lot at the SPC, both facilities are located at 1197 Airport Road Inez, Kentucky. General information about the facility is available at www.bop.gov.

15B11819Q00000031 Page 8 of 47

Point of Acceptance: The point of acceptance is USP Big Sandy Inez, Kentucky.

Non-Personal Services: The service is a contractual arrangement for and not a personnel appointment.

Payment is based on the provision of an end product or the accomplishment of a specific result. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored.

Healthcare Provider Status: The resultant contract is for a non-personal healthcare service provider. The contractor will be an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered. The contractor must indemnify the Government for any liability producing act of omission by the contractor, its employees and agents occurring during performance. The contractor must maintain medical liability insurance in the amount of $1,000,000 per occurrence/$3,000,000 aggregate. Any subcontracts for the provision of services must contain the requirements of the clause at FAR 52.237-7, "Indemnification and Medical Liability Insurance," including the maintenance of medical liability insurance.

Quality of Patient Care/Non-Discrimination: The professional service providers will provide Bureau patients under the terms of this BPA the same or equal services to those provided to nonBureau patients.

Professional service providers shall be provided within accepted professional standards.

The contractor agrees to make no distinction among patients under this contract on the basis of race, color, creed, national origin, or physical condition. For this contract, distinctions on the grounds of race, color, creed, national origin, or physical condition include but are not limited to the following: denying any service or benefit; providing any service or benefit to a patient which is different; or if provided in a different manner or at a different time from that provided to other patients under this contract; subjecting a patient to segregation or separate treatment in any manner related to his receipt of any service; restricting a patient in any way in the enjoyment of an advantage or privilege enjoyed by others in determining whether he satisfies any admission, enrollment quota, eligibility, membership or other requirement or condition which an individual must meet in order to be provided any service or benefit; the assignment of time or places for the provision of services on the basis of race, color, creed, or national origin of the patients served.

Third Party Liability: Public Law 87-693 (42 U.S.C. 2651) provides that the United States shall be entitled to recover the reasonable value of hospital and medical care and treatment furnished or to be furnished to a person who suffers any injury or disease under circumstances indicating the potential legal liability of another person.

This other person is commonly referred to as the "third party" since his/her negligent act or failure to act caused an injury or disease to the "first party" requiring medical treatment by or at the expense of the United States, the "second party".

Health Care Provider Credential Verification, Privileges, and Practice Agreement Program: Health care service employees are subject to Program Statement 6021.02, Health Care Provider Credential Verification, Privileges, and Practice Agreement Program, dated 10/12/2016. This program statement is available at www.bop.gov.

Privacy Act Notification: The contract will require contracted staff to operate a system of records and maintain documentation that will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards for adult health care. The contractor and/or staff are not authorized to disclose this or any information pertaining to an inmate to any non-BOP source. Any requests for such information shall be forwarded to the Contracting Officer or COR for proper disposition.

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

15B11819Q00000031 Page 9 of 47

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

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

The Administrative Contracting Office ACO: The Administrative Contracting Office (ACO) will be the FCI Big Spring Contracting Office in Big Spring, Texas. This assignment carries with it the authority to perform all of the normal contract administration functions listed in FAR 53.302(IA) as items 1 through 71 to the extent that those functions apply to this contract. This assignment also includes delegation of authority to perform those negotiation functions as specified in FAR 42.302(b) as item (1) through (11).

Authorized Ordering Officials: OF-347, SF 1449, or Purchase Card Acquisition Form will be used as the task order by any properly warranted Bureau Contracting Officer located at USP Big Sandy. Delivery Orders/ Task Orders may be issued by any of the following methods: orally, facsimile, mail, or electronic commerce methods.

The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the institution. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract. Contract employees are allowed access to the institution at the sole discretion of the CEO of the institution. The program manager at USP Big Sandy is responsible for conducting the appropriate law enforcement check on all contractor staff that may need access inside the prison facility. The following investigative procedure will be performed:

(1) National Crime Information Center (NCIC) check;

(2) Declaration of Federal Employment (OF-306);

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

(9) Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk);

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

Quoters should also note that Contract Clause 52.24-403-70, Notice of Contractor Personnel Security Requirements (Oct 2005) requires that contractor personnel have a “favorable credit report.” Quoters are

15B11819Q00000031 Page 10 of 47 strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to USP Big Sandy.

By submitting a quote for service, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearance will be unable to enter the Bureau facility. Any individual employed by the contractor who is deemed not suitable by the Bureau requirements will not be granted access to perform services under the contract. This is a condition of the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens

Schedule of Insurance

As required by FAR clauses 52.228-5 entitled "Insurance-Work on a Government Installation" the contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:

Workers Compensation & Employers Liability:

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

Comprehensive General Liability:

$500,000 per accident on occurrence for bodily injury. This insurance shall include contractor's protective and liability (FAR 28.307-2(b)), and Automobile liability: (FAR 28.307-2(c)). Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidence required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer. The contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

Statement of Equivalent Hires: The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: Radiologic Technologist, code 12305 - $ 22.95 plus benefits. As stated in the contract clause, this is for information purposes only.

Department of Labor Wage Determination: The applicable DOL Wage Determination for this procurement has been determined to be Wage Determination No.: 2015-4709, Revision No.: 11, Date of Revision:

07/15/2019. The current revision of the determination is attached for informational purposes.

15B11819Q00000031 Page 11 of 47

15B11819Q00000031 Page 12 of 47

Section 3 - Contract Clauses

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.acquisition.gov

Clause Title Fill-ins (if applicable)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

52.232-18 Availability Of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

52.204-13 System for Award Management Maintenance (Oct 2018)

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 the the 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 1 each, 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 20 CT & Ultrasound; 30 MRI; 5 contrast injections;

(2) Any order for a combination of items in excess of 20 CT & Ultrasound; 30 MRI; 5 contrast injections; or

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

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(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 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 contract 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 within prior to the last day 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 [60 days unless a different number of days is inserted] 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, shall not exceed 5 years (months) (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 30th. 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

15B11819Q00000031 Page 14 of 47 contract beyond September 30th, 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)

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence:$500,000.00.

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

(End of clause)

* Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medical specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests.

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;

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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.

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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 a 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.

# Cross-train workers as backup for all positions performing…