15B30620Q00000025.pdf
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- Attached to
- Inmate Cable Services Federal contract opportunity
- Solicitation number
- 15B30620Q00000025
- Issued by
- Department of Justice Bureau of Prisons
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| File | Type | Posted |
|---|---|---|
| NCIC Form.pdf | ||
| Residency Requirement Certification Form.pdf | ||
| SOW.pdf | ||
| Instructions to Offerors.pdf | ||
| Wage.pdf | ||
| Synopsis Cable Service.pdf |
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15B30620Q00000025 Page 1 of 34
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
5. SOLICITATION NUMBER
15B30620Q00000025
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
08/10/2020
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Carmen Irizarry cirizarry@bop.gov
b. TELEPHONE NUMBER (No collect calls)
(O) 787-775-7895 (F) 787-775-7913
8. OFFER DUE DATE / LOCAL
TIME
09/09/2020 10:00 ET
CODE BGUA
Federal Bureau of Prisons MDC Guaynabo
PO BOX 2008
CATANO, PR 00963-2008
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:
SIZE STANDARD: 38.5
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
NET 30
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
15B306CODE15. DELIVER TO
Federal Bureau of Prisons MDC Guaynabo HWY 28 Intersection of Road 165 Guaynabo, PR 00922
CODE BGUA16. ADMINISTERED BY
Federal Bureau of Prisons MDC Guaynabo
PO BOX 2008
CATANO, PR 00963-2008
FACILITY
CODE
CODE
TELEPHONE NO.
17a. CONTRACTOR/
OFFEROR
BGUACODE18a. PAYMENT WILL BE MADE BY
Federal Bureau of Prisons MDC Guaynabo
PO BOX 2008
CATANO, PR 00963-2008
Accounts Payable
(O) 787-775-7891
(F) 787-775-7813 GUA/Business Office~@bop.gov
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
Inmate Cable TV Services for MDC Guaynabo Company Name:
Duns Number:
Contact Name:
Contact Number:
Contact Email:
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 2 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)
Carmen Irizarry-Camacho
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
15B30620Q00000025 Page 2 of 34
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
15B30620Q00000025 Page 3 of 34
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses
52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jun 2020) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000)
52.218-0000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA
OR OTHER NATIONAL EMERGENCY (MAY 2008)
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) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)
4 List of Attachments 5 Solicitation Provisions
52.212-3 Offeror Representations and Certifications--Commercial Items (Jun 2020) 52.233-2 Service of Protest (Sept 2006)
5.1 Addendum to FAR 52.212-1, Instructions to Offerors - Commercial Items
15B30620Q00000025 Page 4 of 34
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE AMOUNT
0001 Inmate Cable Television Services for the Metropolitan Detention Center (MDC) located in Guaynabo Puerto Rico. See Statement of Work and Contract Pricing/Schedule of Items.
One time Equipment and Installation Charge
Evaluation factors: price and price related factors, past performance, equipment warranty, and maintenance support.
Firm Fixed Price
PSC: 5995
1 LT $________ $_________________
ITEM NO. SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE AMOUNT
0002 Inmate Cable Television Services for the Metropolitan Detention Center (MDC) located in Guaynabo Puerto Rico. See Statement of Work and Contract Pricing/Schedule of Items.
Base Year: Date of Award (DOA) through 12 months from DOA
Evaluation factors: price and price related factors, past performance, equipment warranty, and maintenance support.
Firm Fixed Price
PSC: 5995
Base Period
1 LT $________ $_________________
ITEM NO. SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE AMOUNT
0003 Inmate Cable Television Services for the Metropolitan Detention Center (MDC) located in Guaynabo Puerto Rico. See Statement of Work and Contract Pricing/Schedule of Items.
Option Year (1) One: Month 13 through 24 months from DOA
Evaluation factors: price and price related factors, past performance, equipment warranty, and maintenance support.
Firm Fixed Price
PSC: 5995
Option Period
1 LT $________ $_________________
ITEM NO. SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE AMOUNT
0004 Inmate Cable Television Services for the Metropolitan Detention Center (MDC) located in Guaynabo Puerto Rico. See Statement of Work and Contract Pricing/Schedule of Items.
Option Year (2) two: Month 25 through 36 months from DOA
Evaluation factors: price and price related factors, past performance, equipment warranty, and maintenance support.
Firm Fixed Price
PSC: 5995
Option Period
1 LT $________ $_________________
15B30620Q00000025 Page 5 of 34
ITEM NO. SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE AMOUNT
0005 Inmate Cable Television Services for the Metropolitan Detention Center (MDC) located in Guaynabo Puerto Rico. See Statement of Work and Contract Pricing/Schedule of Items.
Option Year (3) Three: Month 37 through 48 months from DOA
Evaluation factors: price and price related factors, past performance, equipment warranty, and maintenance support.
Firm Fixed Price
PSC: 5995
Option Period
1 LT $________ $_________________
ITEM NO. SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE AMOUNT
0006 Inmate Cable Television Services for the Metropolitan Detention Center (MDC) located in Guaynabo Puerto Rico. See Statement of Work and Contract Pricing/Schedule of Items.
Option Year (4) Four: Month 49 through 60 months from DOA
Evaluation factors: price and price related factors, past performance, equipment warranty, and maintenance support.
Firm Fixed Price
PSC: 5995
Option Period
1 LT $________ $_________________
ITEM NO. SUPPLIES/SERVICES EST.
QUANTITY
UNIT UNIT PRICE AMOUNT
0007 Inmate Cable Television Services for the Metropolitan Detention Center (MDC) located in Guaynabo Puerto Rico. See Statement of Work and Contract Pricing/Schedule of Items.
Option Year / 6 month: Month 61 through 67 months from DOA
Evaluation factors: price and price related factors, past performance, equipment warranty, and maintenance support.
Firm Fixed Price
PSC: 5995
Option Period
1 LT $________ $_________________
Funds to be Obligated by Individual Task Order
Schedule Cont 1 Statement of Work
SUMMARY OF WORK
The Federal Bureau of Prisons (FBOP), Metropolitan Detention Center, Guaynabo is soliciting a contract for t he labor, materials, and equipment necessary for the installation and services rendered for inmate cable televis ion services. The installation shall make the inmate cable television system compliant with current policy.
FBOP recommends the contractor visit the site to gather information on present condition of the inmate cable services equipment and system prior to submitting a proposal for work outlined in this Statement of Work.
1. PLACE OF PERFORMANCE
15B30620Q00000025 Page 6 of 34
The installation and services will be performed at Metropolitan Detention Center Guaynabo, Road 28- Corner H ighway 165, Front Plaza, Guaynabo, PR 00922.
1. WORKING CONDITIONS
The working hours for the installation will be regularly scheduled for five (5) days a week, Monday through Friday, with the exception of Federal holidays. Each workday will be between the hours of 7:30 a.m. and 3:00 p.m., excluding Federal holidays. The sessions will continue daily until the installation is complete. The installa tion is based on a normal forty (40) hour workweek.
1. The contractor shall be able to drive onto the installation site after7:00 am each working day. The contract or will be provided with access to a parking area for their employees.
2. The contractor will report to work at the designated time and follow all rules related to contract staff and the security of the institution.
3. The contractor shall be required to exit the institution site by 3:00pm each work day.
4. Tools that are allowed in to the installation site shall be inventoried at start of each workday and end of each workday.
5. The contractor will be responsible for the proper tool and equipment control and sanitation of the work are as.
6. No compensation shall be made for extra time required to locate lost and/or missing tools.
1. CONTROLLED ITEMS/FORBIDEN ITEMS/WORKER DRESSThe following items are controlled a nd shall be under the direct supervision of FBOP staff when at the installation site.
1. Any tool/equipment that can be used to aid in the escape of an inmate.
2. Laptop computers, notebook computers, iPad tablets will be allowed, but, only with only with a forty-eight (48) hour advance approval of the Warden.
The following items are forbidden at the Institution.
1. Cellular telephones
2. Two way radios
3. Cigarettes, tobacco of any kind, smoking paraphernalia
4. Alcohol, drugs, drug paraphernalia
5. Weapons
When entering the installation site, the contractor will be permitted to wear jeans. The contractor shall wear c lothes that are proper and suitable for the work area. The following dress is not allowed.
a. Khaki, green, military camouflage shirts, pants, or other outerwear
b. Shorts
c. Tank tops or sleeveless shirts
E. CLEARANCE OF PERSONNEL
The contractor shall provide the COR with all the necessary security clearance documents for all contractors and subcontractor employees accessing the institution and be security cleared. Security clearance documents wi
15B30620Q00000025 Page 7 of 34 ll only be accepted from the prime contractor. If summited by a sub-contractor, they will be rejected. It is the p rime contractor’s responsibility to review security clearance submission to ensure they are completed.
In the event a contractor or subcontractor employee cannot pass the security clearance process, it will be the c ontractor’s responsibility to provide another candidate. By law the FBOP cannot, and will not, release any info rmation to the contractor concerning the nature of why a contractor’s or subcontractor employee was not able to pass the security clearance process. The security clearance process will include, but, may not be limited to a BP-S660.012 (NCIC Check).
1. TOOLSThe security of all tools used by the contractor shall be the responsibility of the FBOP.
2. ESCORTSThe FBOP will provide one (1) staff escort during all working hours as indicated above, and ensure that the contractor will have full access to the installation site for the duration of project in order to expedite completion.
H. PROCEDURES DURING AN INSTITUTION EMERGENCY
a. When the Institution is experiencing adverse weather conditions, i.e., fog, the contractor will not be allowed onto the installation site without the permission of the Captain.
b. If an emergency, such as an inmate disturbance, were to occur during normal working hours, the contractor will follow the directions of the FBOP staff escorts. The FBOP staff escorts will take all the necessary actions to ensure the safety and security of the contractors.
c. If an emergency results in an institutional lockdown, Executive Staff will determine if all work will cease or allowed to continue.
I. EQUIPMENT AND SUPPLIES
The contractor shall provide all labor, equipment, materials, services, supervision, tools, cabling and wiring n ecessary. The contractor shall meet and comply with the baseline general requirements for the management, ma intenance, and handling of equipment and equipment services.
The Contractor may visit the site to collect data and to observe the existing conditions prior to submitting a p roposal. The FBOP will provide the contractor with access to the site, and any available as-built activation dra wings, specifications, tests, reports, etc.
J. DESCRIPTION OF DUTIES
The installation, labor, cabling, wiring, equipment, plus any additional labor or materials required to satisfactory complete the installation of cable television services for 48 TV’s. All installation shall be conducted and design by registered professional communication technicians. Furthermore, the selected programming package shall b e installed in all 48 TV’s.
IK. ADDITIONAL REQUIREMENTS
The contractor in accordance with the general requirements described below shall perform the following subta sks.
1. Clean up of work area shall be performed daily. Contractors are responsible for disposal of refuse gene rated in the performance of their duties.
15B30620Q00000025 Page 8 of 34
2. Contractor must adhere to Occupational Safety and Health Administration (OSHA) safety regulations and precautions, while working inside and/or outside of the installation space.
3. Take standard precautions for electrical, trip and fall hazards. Wear appropriate safety PPE equipment as r equired.
4. Seal all openings and penetrations created during the installation to meet or exceed applicable local fire c ode regulations.
5. All installed cables shall be clearly machine labeled.
6. The contractor shall understand that this task will not be considered as fulfilled until every aspect of this
SOW is completed and determined to be in compliance and acceptable by the COR.
7. The contractor shall repair or replace any items they have damaged or destroyed during the performance o f this task.
8. The contractor must have all invoices submitted for billing to FBOP and COR no later than 120 calendar d ays after the installation completion date.
L. INMATE MANAGEMENT
The contractor shall be constantly aware of security. Any violations of the institution rules and regulations are t o be brought immediately to the attention of an appointed Government employee for prompt and proper action.
The contractor will not have contact with inmates. The contractor will not supervise inmates and will not be r esponsible for the administrative management of inmates. FBOP staff members at all times will escort the con tractor.
M. INSTITUTION
The contractor agrees to adhere to all regulations and guidelines prescribed by the FBOP, to include the Institu tion’s local guidelines, relating to the work site sanitation, safety, custody and conduct of inmates, and the safet y of the local population. The contractor will be given an orientation class, by a member of the FBOP staff, of the policies and procedures of the FBOP and the Institution. The contractor will be issued an identification c ard for proper identification (see Section 3 Clearance of Personnel). The contractor will sign-in and sign-out of the institution on a daily basis for accountability purposes. The contractor may not move unescorted to their job site, and may not move to other parts of the site without an escort.
N. PAYMENT OF SERVICES
Payment shall be made in accordance with FAR Clauses 52.232.25 Prompt Payment (JAN 2017) and 52.232.33 Payment by Electronic Funds Transfer (EFT) - System of Award Management (Oct 2018). Invoices shall be su bmitted and paid through progress payments. The due date for making such payments is 30 days after the desi gnated billing office receives a proper payment terms shall be Net 30 days.
15B30620Q00000025 Page 9 of 34
Section 3 - Contract Clauses
A.1 ADDENDUM TO FAR 52.212-4, CONTINUING CONTRACT PERFORMANCE DURING A
PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (MAY 2008)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.
Clauses By Reference
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov
Clause Title Fill-ins (if applicable)
52.203-12 Limitation On Payments to Influence Certain Federal Transactions
(Jun 2020)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content
Paper (May 2011)
52.209-6 Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Jun
2020)
52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)
52.224-1 Privacy Act Notification (Apr 1984)
52.224-2 Privacy Act (Apr 1984)
52.232-18 Availability of Funds (Apr 1984)
52.253-1 Computer Generated Forms (Jan 1991)
Clauses By Full Text
52.21-603-70 Contracting Officer's Representative (COR) (June 2012)
(a)Marilyn Franco ,Education Supervisor , MDC, Guaynabo,787-749-4480, is hereby designated as the Contracting Officer's Represen tative (COR) under this contract.
15B30620Q00000025 Page 10 of 34
(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide he reunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract or effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.
(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed ter ms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.
4.1 Special Contract Conditions
Type of Contract. The Government contemplates award of an Indefinite Delivery/Requirements type contract with firm fixed unit pr ices resulting from this solicitation. It is anticipated that the Date of Award resulting from this solicitation will be approximately May 1, 2020.
The resulting contract will include four 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" and 52.217-8, "Option to Extend Services" when the conditions identified by FAR 37.1 11 exist. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), offerors may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.
Non-Personal Services Status. Award of this contract will result in a contractual arrangement only and shall not be construed as a p ersonnel appointment with the Bureau of Prisons. The services shall not constitute an employer/employee relationship. Payments to th e contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are with in the contractor's own unsupervised determination. The contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.
The resulting contract shall be a nonpersonal health care services contract, as defined in Federal Acquisition Regulations (FAR) 37.
101, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and admini strative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgm ents, diagnosis for specific medical treatment). The contractor shall indemnify the Government for any liability producing act or om ission by the contractor, it’s employees and agents occurring during contract performance. The contractor shall maintain medical lia bility insurance as specified in this solicitation/contract. The contractor shall ensure that its subcontracts for provision of health care services contain the requirements of the clause at FAR 52.237-7, including the maintenance of medical liability insurance.
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 other r epresentative of the Bureau of Prisons.
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 Contract Monitor, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.
Performance. The periods of performance of the resulting contract shall be as follows:
Base Year: Date of Award (DOA) through 12 months from DOA Option Year 1: 13 months from DOA through 24 months from DOA Option Year 2: 25 months from DOA through 36 months from DOA Option Year 3: 37 months from DOA through 48 months from DOA Option Year 4: 49 months from DOA through 60 months from DOA Option Year/ 6th months: 61 months from DOA through 67 months from DOA The contractor shall commence full performance of services under this contract within thirty (30) days of award. In accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for services under this contract is at the destination, MDC, Guaynabo, Catano, Puerto Rico. The contractor shall provide the contract services independent of Government supervision.
Contract Administration:
15B30620Q00000025 Page 11 of 34
Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserv ed to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Offi cer.
Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an Ordering Off icial for MDC, Guaynabo with an appropriate certificate of appointment or delegation of authority for purchase card acquisitions. T ask orders issued under the resulting contract will take the form of a BOP purchase request, purchase order or purchase card acquisi tion form.
Contract Monitor: The Contracting Officer will designate in writing a CM who shall be responsible for:
a) Monitoring technical progress, including surveillance and assessment of performance and issuing technical changes;
b) Interpreting the scope of work;
c) Technical evaluation as required;
d) Technical inspection and acceptance;
e) Assisting in the resolution of technical problems encountered by the service provider during contract performance;
f) Monitoring funds available for obligation;
g) Ensuring that task orders are issued in accordance with appropriate terms;
h) Ensuring that invoices and payments are processed in a timely manner;
i) Assisting in the resolution of administrative problems encountered by the service provider during the contract performance.
Privacy Act Notification: This contract requires the contractor, on behalf of the MDC, to provide laboratory testing and report request ed medical record and financial information to the BOP. 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 feder al or state agencies as required by law; and research purposes support 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 reporting of communicable diseas es, births, deaths, or the commission of crimes (e.g., gunshot wounds, rape, child abuse or neglect, alcohol or drug abuse, etc.); desig nated fiscal intermediaries; and billing third parties for the payment of care not reimbursed by the MDC. The contractor must forw ard all other requests for information to the COTR.
52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)
For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commi tment, individuals or contractor employees providing services must have:
1. Legally resided in the United States (U.S.);
2. worked for the U.S. overseas in a Federal or military capacity; or
3. been a dependent of a Federal or military employee serving overseas.
If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current informa tion regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.
[End of Clause]
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 Date of Award (DOA) through month 67 after DOA. [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.
15B30620Q00000025 Page 12 of 34
(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 $100.00 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those suppli es 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 SOW [insert dollar figure or quantity];
(2) Any order for a combination of items in excess of SOW [insert dollar figure or quantity]; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para graph (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 Regula tion (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 limitat ions in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice st ating 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 quanti ties of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contrac t may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "max imum" 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 co ntract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified unde r this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the u rgently 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 Con tractor 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 Contr actor shall not be required to make any deliveries under this contract after the last day of the effective contract period. [insert date].
(End of clause)
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52.217-8 Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Off icer may exercise the option by written notice to the Contractor within 60 days. [insert the period of time within which the Contracting Officer may exercise the option].
(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 30 days [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary writt en 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 67 months (months)(ye ars).
(End of clause)
52.218-0000 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 absente eism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts li st epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to ma ke 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. Co ntractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission c ritical 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.
* Contractor should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.
* Implement telework to the greatest extent possible in the workgroup so systems are in place to support succe ssful 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 extende d telework period). Security concerns should be considered in making equipment choices; agencies or contract ors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appro priate.
* Determine how all employees who may telework will communicate with one another and with management to accomplish work.
* Practice telework regularly to ensure effectiveness.
* Make it clear that in emergency situations, employees must perform all duties assigned by management, even i f they are outside usual or customary duties.
* Identify how time and attendance will be maintained.
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It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to w ork with the Bureau of Prisons (BOP) to fill gaps as necessary. This means direct communication with the Contracting Officer or in h is/her absence, the Contracting Officer's Technical Representative, via telephone or email messages acknowledging the contractor's n otification. The incumbent contractor is responsible for assisting the BOP in estimating the adverse impacts of nonperformance and to work diligently with the BOP to develop a strategy for maintaining the continuity of operations.
The BOP does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contracting s upport from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.
[End of Clause]
52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)
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 01410 Supply Tech $14.92 + Fringe 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, 2020. The Government's obligation for pe rformance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contrac t purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contra ct beyond September 30, 2020, until funds are made available to the Contracting Officer for performance and until the Contractor rec eives 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 (FA R) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contracto
r. The Government may evaluate the quality of professional and administrative services provided, but retains no control over profess ional 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 contrac t liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence:
*1,000,000.00.
(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its ins urability 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 ext ended 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-m ade basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of s uch 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.
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(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 not ice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contra ctor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the enti re 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 heal th 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.
* Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medica l specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests.
(End of clause)
[END OF ADDENDUM TO FAR 52.212-4]
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jun 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this cont ract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Divisio n E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019 ) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial it ems:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6 101 note).
15B30620Q00000025 Page 16 of 34
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 7 43 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for De barment. (Oct 2015) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Jan 2011) of 52.219-4.
__ (13) [Reserved]
__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Aug 2018) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).
__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
15B30620Q00000025 Page 17 of 34
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2019) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
X (29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
__ (ii) Alternate I (July 2014) of 52.222-35.
X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
__ (ii) Alternate I (July 2014) of 52.222-36.
__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c) (3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 1369 3).
__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
X (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
15B30620Q00000025 Page 18 of 34
X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (45)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
X (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
__ (47)(i) 52.225-3, Buy American--Free Trade…
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