15B20521Q00000029_Complete Solicit Pkg.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

November 5, 2021

RE: 15B20521Q00000029, Mortuary Services

Federal Medical Center (FMC) – Devens, MA

Dear Quoters:

This cover letter precedes the solicitation package that has been prepared by the Federal Bureau of Prisons, Federal Acquisition Office, for the acquisition of Mortuary Services. This package contains all necessary information for submitting a quote for evaluation for performing these services at FMC Devens, MA.

Quoters should consider all information provided herein when submitting quotes. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quotes.

All quotes must be received on or before November 30, 2021 at 3:00 pm Central Standard Time. Please follow the instructions for uploading all required documents on the GSA website.

If you have any further questions, please email them to ldthomas@bop.gov. We will consider all questions received and provide responses, where appropriate.

Sincerely, LaShundra D. Thomas, Contract Specialist

Field Acquisition Office mailto:ldthomas@bop.gov

15B20521Q00000029 Page 1 of 56

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B20521Q00000029

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

11/05/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaShundra D. Thomas ldthomas@bop.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 972-352-4529 (F) 972-352-4545

8. OFFER DUE DATE / LOCAL

TIME

11/30/2021 15:00 CT

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 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: 812210

SIZE STANDARD: 8,000,000

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

15B205CODE15. DELIVER TO

Federal Bureau of Prisons FMC Devens 42 Patton Rd Ayer, MA 01432

CODE 15B20516. ADMINISTERED BY

Federal Bureau of Prisons FMC Devens 42 Patton Rd Ayer, MA 01432

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BDEVCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Devens PO Box 880 Ayer, MA 01432

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 provide Mortuary/Funeral Services - - Mortician (99310) to FMC Devens according to the Statement of Work for a Base Year and four 12-month option period.

Firm Fixed Price

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)

LaShundra Thomas

31c. DATE SIGNED

11/05/2021

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B20521Q00000029 Page 2 of 56

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

15B20521Q00000029 Page 3 of 56

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Schedule Continued

2.2 Statement of Work

2.3 Special Contract Conditions

3 Contract Clauses 52.204-13 System for Award Management Maintenance (Oct 2018) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 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) 52.216-18 Ordering (Aug 2020) 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) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

52.252-6 Authorized Deviations in Clauses (Nov 2020)

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)

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

2011) DJAR-PGD-15-03 Security of Department Information and Systems Attachment 1 DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (Nov 2021) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021); (Alt. I) -- Classified Information -- Cleared Contractors 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Sep 2021)

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items

4 List of Attachments 5 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Items (Sep 2021) 52.217-5 Evaluation of Options (July 1990) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021)

15B20521Q00000029 Page 4 of 56

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 To provide Mortuary Services for FMC Devens Per SOW, Base Year: March 6, 2022 through March 5, 2023. (Estimated Maximum) Provide total amount for Base Year from attachment that lists required services.

PSC: G001

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 To provide Mortuary Services for FMC Devens Per SOW, Option Year 1: March 6, 2023 through March 5, 2024. (Estimated Maximum) Provide total amount for Option Year 1 from attachment that lists required services.

PSC: G001

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 To provide Mortuary Services for FMC Devens Per SOW, Option Year 2: March 6, 2024 through March 5, 2025. (Estimated Maximum) Provide total amount for Option Year 2 from attachment that lists required services.

PSC: G001

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 To provide Mortuary Services for FMC Devens Per SOW, Option Year 3: March 6, 2025 through March 5, 2026. (Estimated Maximum) Provide total amount for Option Year 3 from attachment that lists required services.

PSC: G001

35 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 To provide Mortuary Services for FMC Devens Per SOW, Option Year 4: March 6, 2026 through March 5, 2027. (Estimated Maximum) Provide total amount for Option Year 4 from attachment that lists required services.

PSC: G001

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0006 To provide Mortuary Services for FMC Devens Per SOW, Total for Base Year and All Option Years (Lines 1-5)

PSC: G001

1 EA $________ $_________________

15B20521Q00000029 Page 5 of 56

2.1 Schedule Continued

Pricing Methodology Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal.

Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

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 quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

This is an existing requirement.

The current incumbent is Lehman Reen Funeral Home with the contract number as DJBP020500000030 in the amount of $617,200.00, which expires on March 5, 2022.

2.2 Statement of Work

Subject:

The Contactor shall provide mortuary and autopsy services for the inmate population incarcerated at the Federal Medical Center (FMC), Devens located at 42 Patton Road, Ayer, MA 01432.

Period of Performance:

The period of performance shall be as follows:

Base Year March 6, 2022 through March 5, 2023 Option Year 1 March 6, 2023 through March 5, 2024 Option Year 2 March 6, 2024 through March 5, 2025 Option Year 3 March 6, 2025 through March 5, 2026 Option Year 4 March 6, 2026 through March 5, 2027

SCHEDULE:

These services are a contractual agreement. The services will be provided on an as needed basis. The Contracting Officer will notify the Contractor when services will be required. The Contractor must be available for telephone calls 24 hours a day, 7 days a week, to include holidays. Services will not be required to take place on holidays.

PLACE OF PERFORMANCE:

The place of performance will be provided by the Contractor.

METHOD OF PERFORMANCE:

The service provided, being professional in nature, will be provided in the manner as considered appropriate in the local community.

The services will be reviewed and verified by the designated Contracting Officer’s Representative (COR).

QUALIFICATIONS:

The Contractor must be properly licensed to perform these services in the Commonwealth of Massachusetts. The Contractor must agree that the quantity of all materials and services furnished will not be inferior to the specifications. All state and interstate shipment laws related to the embalming, preparation, burial, and shipment of the body must be fully observed and complied with, and in any case wherein state law contains requirements more rigid than the requirements set forth herein, such laws will be controlling.

SUPPLIES:

All supplies will be provided by the Contractor.

SCOPE OF SERVICES:

Upon notification by FMC Devens of an inmate death, the contract funeral home shall arrange for the transportation of the body from the Medical Examiner’s Office, local hospital, or institution to the contractor’s funeral home. The Contractor shall transport remains in a closed hearse or other vehicle registered within the Commonwealth of Massachusetts as a hearse used exclusively for the purpose of transporting human dead bodies or funeral equipment. FMC Devens will provide the contract funeral home with an authorization to release the body from the Medical Examiner’s Office signed by the next of kin.

15B20521Q00000029 Page 6 of 56

On occasion, FMC Devens may request an autopsy be conducted. The Contracting Officer will notify the contract funeral home that an autopsy is needed. Suitable space in the undertaking establishment shall be available for the performance of postmortem examinations when requested by the Government. All autopsies must be conducted by a licensed forensic pathologist and a copy of the final autopsy report must be submitted to FMC Devens.

When burial is selected by the next of kin, the Contractor will embalm, dress, and provide the casket for the deceased. After the body preparation, the Contractor shall transport the body to the railway station, air terminal, or local cemetery as directed by the Contracting Officer. Cemeteries located within a 30-mile radius of the institution will be considered local cemeteries for local burial unless the Contracting Officer specifies otherwise.

In instances when the next of kin chooses cremation, the contractor will provide transportation to the crematory if different than the contract funeral home.

The Contractor shall secure or furnish all necessary papers and permits for shipment or interment. The Contractor shall provide FMC Devens with four certified copies of the death certificates.

The following specifications include the quality and character of material and service the Bureau requires. The Contractor agrees that the quality of all material and services furnished hereunder will not be inferior to these specifications unless otherwise specified and completely described in a letter accompanying the quote. All state and interstate shipment laws relating to the embalming, preparation, burial, and shipment of bodies must be fully observed and complied with, and in any case wherein the state law contains requirements more rigid than the requirements set forth herein, such laws will be controlling.

A: Preparation of Body Complete embalming services will be performed including all standard practices to conform to the applicable state laws.

There are, in general, two different types of cases. Each body shall be embalmed according to its condition and in a manner to ensure thorough preservation of all tissues. All body orifices shall be treated and closed in accordance with state laws.

1. Normal Cases. This will be usually where death has been due to disease or other causes, and where there has been little or no mutilation or breakdown of body tissue. For such cases, preservation shall be accomplished by a thorough cavity treatment. Standard preservative solutions shall be used for the arterial injections and cavity saturation.

2. Autopsy Cases. This will be where a partial or complete autopsy has been made to an extent which will not permit a normal arterial embalming operation.

Sectional embalming shall be used to thoroughly preserve the body, including organs, and the inside of the body cavity shall be treated with a hardening compound. The cranial cavity shall be filled with Plaster of Paris or other suitable material and the calvarium securely replaced. All inclusions shall be tightly sutured and treated to prevent leakage.

NOTE: The Warden of FMC Devens may order an autopsy to be performed. In these cases the Contractor will be responsible for providing a facility suitable for having an autopsy performed. If the Warden requests an autopsy, FMC Devens will be responsible for the associated costs. The line item will not apply if the autopsy is remanded by the Commonwealth of Massachusetts Medical Examiner.

Autopsies must be performed by a licensed pathologist. A pathologist must have a current medical degree with a board certification in forensic pathology and maintain necessary certifications and/or licenses to perform autopsies in the Commonwealth of Massachusetts.

3. A post-embalming inspection of each body shall be made by the embalmer to determine whether the preservation is uniform and complete, or whether treatment is required. If further treatment is required, it shall be given before final delivery of the body. The body must be in an acceptable state of preservation at the time of final delivery.

4. The Contractor shall restore the body to be as lifelike in appearance as possible in the individual case, including shaving face and neck, trimming hair of head, neck, and face, dressing hair properly, applying suitable cosmetics, performing derma surgery and other restorative work as may be necessary.

5. The Contractor will furnish and dress the body in all necessary clothing, including cotton undershorts and undershirts, regular length socks, manufactured burial suit of dark or conservative color. Clothing for females will include suitable undergarments, hose, and a manufactured burial dress of conservative style and color. Clothing for individuals who identify as transgender will include suitable clothing that related to their self-identity.

15B20521Q00000029 Page 7 of 56

6. The body will be placed in the casket in such a manner as to create an appearance of rest and composure, and to assure maintenance of position during shipment or local burial.

NOTE: Photographs of the remains, just prior to shipment to its final destination, shall be provided to the Contracting Officer to ensure compliance with the terms of the contract.

B: Casket

1. standard casket, manufactured in accordance with industry standards of modern practice, shall be furnished as follows: Metal, State perfection cut, 20 gauge steel shelf, light copper with no shading, lacquer finish, interior plain panel, ivory twill, no shirring, copper hardware;

OR

2. Wood, Cloth Covered, State perfection cut, exterior steel plush, interior Crushed panel ivory twill, solid shirred, silver hardware.

ALTERNATE

3. Sealed Casket Metal, 20 gauge steel shell, constructed in accordance with industry standards of commercial practice so as to form a hermetic seal which will prevent leakage or escape of odors when properly closed and sealed. This item to be furnished only when ordered, as in the case of death by a communicable disease, to meet pertinent state or interstate regulations, or in case of body decomposed or odoriferous body.

C: Outside Container Each casket shall be furnished with one of the following types of outside containers, depending upon the type of service required.

1. In cases of shipment by air, either a commercial air shipping bag used by commercial airlines or an air shipment tray available for purchase and use by Funeral Directors shall be provided.

2. In case of shipment by rail and/or foreign shipments, the outside shipping container shall be constructed of one inch seasoned wood in accordance with best modern practices and equipped with bolted handles complying with laws governing the same.

3. In cases of local burial, rules and regulations of the cemetery in which interment is made shall govern the type of container to be furnished. Unless otherwise specified, the outside container furnished shall be constructed of one inch seasoned wood manufactured in accordance with the best modern practice.

No handles will be required.

D Shipping of Body In the event of an inmate death, the same regulations apply as those for transportation for a release, i.e., the Bureau pays for transport to:

1. Residence of Record, or

2. Place of Trial

The Contractor is responsible for making all shipping arrangements for transportation (i.e., air travel, train, etc.) If location is such that transportation by ambulance or hearse is advantageous to the Government, the burial contract mileage rate will be the burial services contract. Accordingly, when the deceased inmate’s record of residence is outside the United States, transportation to the residence of record is appropriate. The Contractor is responsible for all related clearance for bodies that will be returned to foreign countries.

If the next of kin wants the body returned to a location other than the above-referenced locations, the next of kin is responsible for transportation from that point, or directly from the burial service contractor.

If the deceased inmate is an alien, the BOP will initiate contact with U.S. Citizenship and Immigration Services or the appropriate Consulate.

E: Cremation.

Occasionally, the legal next of kin makes written request for cremation.

1. If requested by the Government, OR due to extended time between death and receipt of all necessary legal documentation, normal arterial embalming will be performed in accordance with all standard practices. The Contractor shall conform to applicable federal, state, and local laws, and the requirement outlined above (A. Preparation Body).

2. The Contractor will be notified as soon as WRITTEN VERIFICATION has been received authorizing cremation.

15B20521Q00000029 Page 8 of 56

3. Cremation must be carried out in a facility with by-laws and regulations approved by the Department of Public Health and an air pollution control permit issued by the Massachusetts Department of Environmental Protection, if cremation takes place in the Commonwealth of Massachusetts.

4. A standard container shall be provided that is sealed and capable of transportation through the U.S. mail or other common carrier.

5. Shipment of remains to the next of kin will be made by either the Contractor or the crematory, and will be sent first class, certified return receipt. Reimbursement will be paid by the Government at a rate of $100.00 per mailing, unless there is a postal rate increase.

F: Local Burial.

For the provision of local burial services, a cemetery located within a 30 mile radius of the FMC will be considered local. The Contractor will notify the Contracting Officer of the cemetery to be utilized for local burials within 10 days after the effective date of contract award.

When local burial services are ordered, an FMC Chaplain will view the body prior to burial, as well as conduct and supervise a brief grave-side ceremony. The Contractor shall secure all necessary papers and permits for interment and work with the Contracting Officer and FMC Chaplain to schedule an acceptable time and date for local burial.

RELEASE OF INFORMATION:

After normal working hours and holiday, the Contracting Officer or Medical Duty Officer will provide the contractor with the inmate’s name, social security number, and location of the body.

The institution staff will always be the first to notify the next of kin regarding the death of an inmate and will communicate the family’s wishes to the contractor. During normal working hours, FMC Devens staff will notify the Contractor with the above information.

The Contractor shall not provide the news media with any information. The Contractor will be required to notify the Contracting Officer of any outside requests for information.

The Contracting Officer will then submit the information to the Executive Assistant or designee.

Pricing Methodology Quoters are required to submit, as part of their quote, a completed copy the excel spreadsheet, “Schedule of Supplies.” The pricing provided shall include all costs associated with providing the services outlined in the Statement of Work. The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

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 quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

Award Methodology The award methodology for this procurement is Price and Past Performance.

2.3 Special Contract Conditions

Type of Contract:

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 in December 2021 and with an anticipated effective date of award (EDOA) of March 6, 2022. On or about the EDOA, FMC Devens will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA.

The resulting contract will include a base year period from March 6, 2022 through March 5, 2023 with four (4) possible 12-month option years 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 52.217-9, "Option to Extend the Term of the Contract” Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options.

Performance:

The periods of performance of the resulting contract shall be as follows:

Base year – March 6, 2022 through March 5, 2023

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Option 1 – March 6, 2023 through March 5, 2024 Option 2 – March 6, 2024 through March 5, 2025 Option 3 – March 6, 2025 through March 5, 2026 Option 4 – March 6, 2026 through March 5, 2027

Point of Acceptance:

The point of acceptance destination is FMC Devens located at 42 Patton Road, Ayer, MA 01432.

Non-Personal Services Information (BPAP 37.103(g):

Award of this contract shall not be construed as a personnel appointment, but the result of a contractual arrangement only. The services shall not constitute an employer/employee relationship. Payments to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the Contractor's own unsupervised determination.

The Contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

Contracting Officer’s Representative (COR):

The Contracting Officer will designate in writing a COR who shall be responsible for:

1. a) Monitoring technical progress, including surveillance and assessment of performance and issuing technical changes;

2. b) Interpreting the scope of work;

3. c) Technical evaluation as required;

4. d) Technical inspection and acceptance;

5. e) Assisting in the resolution of technical problems encountered by the service provider during contract performance;

6. f) Monitoring funds available for obligation;

7. g) Ensuring that task orders are issued in accordance with appropriate terms;

8. h) Ensuring that invoices and payments are processed in a timely manner;

9. i) Assisting in the resolution of administrative problems encountered by the service provider during the contract performance.

The Contracting Officer’s Representative (COR) will periodically evaluate the contractor’s performance of the contract. In this evaluation, the performance of individual contractor will be evaluated by the COR and/or the Unit Team. If the performance of an individual contractor is deemed unacceptable based on the COR and/or Unit Team, that contractor will no longer perform those Physician duties. In this event, the company will be responsible for replacing that contractor. All duties outlined in this Statement of Work shall be performed in accordance with standards and methods generally accepted within the Contractor’s own field of expertise.

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 supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

Payment Terms:

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 blanket purchase agreement is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Contract Administration Office (CAO):

The Contracting Office at FCI Devens is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 71; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official:

Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCI Devens with an appropriate certificate of appointment. Each task order will identify the supply schedule for that period. Orders can be issued orally or electronic commerce methods. The OF-347, SF-1449, or purchase card acquisition form will be used as the task order.

Contract Security/Investigative Requirements:

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The employees of the Contractor entering the institution shall meet certain security requirements to receive an institutional pass as required by Bureau of Prisons Program Statement 3000.03 dated March 19, 2007. 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.

The program manager at the FCI is responsible for conducting the appropriate vouchering, law enforcement checks, and ensuring that fingerprinting is completed on all Contractor staff that may need access inside the confines of the secure perimeter. The personnel department will establish a security file that will be maintained on each of the Contractor's employees from the beginning of the contract through its duration. The following investigative procedures 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.

By submitting a quote, the Contractor and its employees agree to complete the required documents and undergo the listed procedures.

An individual employee of the Contractor who does not pass the security clearances will be unable to perform services under the contract. The final determination and completion of the security investigation procedures will be made at the sole discretion of the FMC. All persons are advised that a urinalysis test for the detection of marijuana and other drug usage shall be performed.

Any person(s) testing positive shall be disqualified from performing under the resulting contract. Any individual employed by the Contractor deemed not suitable by the Bureau of Prisons requirements will not be granted access to perform services under the contract. This is a condition of the contract. The Contractor must be in compliance with Department of Justice regulations at 8 CFR 274a regarding the employment of aliens. A copy of this directive is available upon the Contractor's request.

In addition, each Contractor employee must attend an orientation program at the institution. The purpose of this program is to familiarize Contractor employees with FCI operations, the institution, and general rules of conduct and procedures inside the institution. Contractor employees shall adhere to all institution regulations regarding conduct and performance. Contractor employees will be allowed access to the institution at the sole discretion of the Chief Executive Officer (CEO). Any individual performing under this contract may be removed if it becomes apparent that his/her conduct does not reflect the conduct of that prescribed for those people performing under non-personal service contracts.

Privacy Act Notification:

This contract requires the Contractor, on behalf of the BOP, to provide health care and report requested medical record and financial information to the BOP. The contractor must provide the information requested by contract calls issued under this contract. The BOP will use the information for financial, legal, research, and health care procedures.

Disclosure of this information may be made by the BOP to: fiscal intermediaries; the Office of Workers' Compensation Programs, Department of Labor; the Department of Justice for their representation of the United States; and for Congressional inquiry; quality assessment; medical audit or utilization review; billing third parties for the payment of care; analytical and evaluation studies; to federal or state agencies as required by law; and research purposes supported by the BOP.

Disclosure of the appropriate medical record information without prior consent of the subject patient may be made by you to: another provider of health care treating the same patient; a federal or state agency as required by law such as the reporting of communicable diseases, births, deaths, or the commission of crimes (e.g., gunshot wounds, rape, child abuse or neglect, alcohol or drug abuse, etc.);

designated fiscal intermediaries; and billing third parties for the payment of care not reimbursed by the BOP. The Contractor must forward all other requests for information to the Health Services Administrator.

Schedule of Required 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 BPA, at least the kinds and minimum amounts of insurance required as listed below:

Worker’s Compensation & Employers Liability:

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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 performance period 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 evidencing 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: Mortician, Code 99310 - $39.85 plus benefits. As stated in the contract clause, this is for informational purposes only.

Department of Labor Wage Determination:

The applicable DOL Wage Determination for this procurement has been determined to be Wage Determination No. 2015-4035, Revision No. 18 dated 10/20/2021. The current revision of the determination is attached for informational purposes only.

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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)

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

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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)

Clauses By Full Text

52.216-18 Ordering (Aug 2020)

(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 effective performance period through the last day of the effective performance period [insert dates].

(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) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

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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 unit, 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; or

(2) Any order for a combination of items in excess of 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 paragraph (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 of 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 effective 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 the 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, shall not exceed five (5) years.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

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In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits Mortician (99310) $39.85 plus benefits

(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)

52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021)

(DEVIATION)

(a) Definition. As used in this clause –

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

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(b) The use in this solicitation or contract of any Justice Acquisition Regulation. [insert regulation name] (48 CFR 28) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(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 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…