15B40620Q00000002_Complete Solicit Pkg.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

August 12, 2020

RE: 15B40620Q00000002, Mobile MRI Services

Federal Correctional Complex (FCC) – Florence, CO

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 Mobile MRI Services. This package contains all necessary information for submitting a quote for evaluation for performing these services at FCC Florence, CO.

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 September 9, 2020 at 3:00 pm Central Time. Please email all required documents for quotes to ldthomas@bop.gov.

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

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 http://www.aptac-us.org/ mailto:ldthomas@bop.gov

15B40620Q00000002 Page 1 of 48

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B40620Q00000002

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/12/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaShundra D. Thomas ldthomas@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4529

8. OFFER DUE DATE / LOCAL

TIME

09/09/2020 15:00 CT

CODE BFAO

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:

SIZE STANDARD: $16,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

BFLXCODE15. DELIVER TO

Federal Bureau of Prisons FCC Florence

ATTN: USP - FINANCIAL MANAGEMENT

5880 STATE HIGHWAY 67 SOUTH

FLORENCE, CO 81226

CODE BFLX16. ADMINISTERED BY

Federal Bureau of Prisons FCC Florence

ATTN: USP - FINANCIAL MANAGEMENT

5880 STATE HIGHWAY 67 SOUTH

FLORENCE, CO 81226

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BFLXCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Florence

ATTN: USP - FINANCIAL MANAGEMENT

5880 STATE HIGHWAY 67 SOUTH

FLORENCE, CO 81226

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 Mobile MRI Services (12305) Services for FCC Florence for a Base Year and four 12-month Option Years.

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

08/12/2020

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

V0447

15B40620Q00000002 Page 2 of 48

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

15B40620Q00000002 Page 3 of 48

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 52.216-18 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) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) PGD 15-03 Security of Department Information and Systems Attachment 1 DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jul 2020)

4 List of Attachments 5 Solicitation Provisions

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications--Commercial Items (Jun 2020)

15B40620Q00000002 Page 4 of 48

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 Mobile MRI Services for FCC Florence, Base Year from January 1, 2021 through December 31, 2021.

Firm Fixed Price

PSC: Q999

216 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 To Provide Mobile MRI Services for FCC Florence, Option Year 1 from January 1, 2022 through December 31, 2022.

Firm Fixed Price

PSC: Q999

216 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 To Provide Mobile MRI Services for FCC Florence, Option Year 2 from January 1, 2023 through December 31, 2023.

Firm Fixed Price

PSC: Q999

216 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 To Provide Mobile MRI Services for FCC Florence, Option Year 3 from January 1, 2024 through December 31, 2024.

Firm Fixed Price

PSC: Q999

216 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 To Provide Mobile MRI Services for FCC Florence, Option Year 4 from January 1, 2025 through December 31, 2025.

Firm Fixed Price

PSC: Q999

216 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0006 Grand Total of Base Year and All Option Years (Sum of Lines 1-5)

Firm Fixed Price

PSC: Q999

1 EA $________ $_________________

15B40620Q00000002 Page 5 of 48

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 re presentation 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 Governm ent 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 e valuate quotes for award purposes by adding the total price of all options to the total price of the base year requi rement. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quant ities actually ordered and the dates when ordered.

This is an existing requirement. The current incumbent is American Correctional Healthcare (ACH).

The contract number is DJBP0406000000068 and amount is $400,500 that expires on 12/31/20.

2.2 Statement of Work

Subject The Federal Bureau of Prisons (BOP), Federal Correctional Complex (FCC), Florence, Colorado, intends to award a single indefinite delivery/requirements type contract with firm-fixed unit prices to a responsible conce rn for the provision of Mobile Magnetic Resonance Imaging (MRI) services to be performed onsite at the FCC a s set forth in this solicitation. The FCC houses incarcerated male inmates who are being held under the authorit y of the Federal Government by the BOP within four institutions (United States Penitentiary Administrative M aximum (ADX), United States Penitentiary (USP), Federal Correctional Institution (FCI), and the Federal Pris on Camp (FPC).

Place of Performance Services will be performed within the mobile unit, provided by the contractor, at the ADX, USP, FCI, and FPC , which is located at 5880 Hwy 67 South, Florence, CO 81226. Power will be at the worksite for the use of the mobile unit.

Point of Contact The contractor shall assign a Point of Contact to have the full authority to act on behalf of the contractor in all matters relating to the daily operation of the contracted services.

Schedule The contractor will normally work an average of eight (8) hours per visit. Prior scheduled appointments are always required for security reasons. The work day is normally between the hours of 7:00 a.m. and 3:00 p.m., on a day(s) designated by the BOP. Specific days/hours will be subject to a mutual agreement between the He alth Service Administrator (HSA) and the contractor. This service is usually performed about 3-4 times per month.

The contractor will be notified in advance of the requested dates of services and the estimated number of inmate s to be examined. The HSA will be responsible for defining the schedule. Upon agreement, any changes to the schedule must be coordinated with the HSA or designee. The estimated number of inmates will be determined by the Health Services staff and will vary from session to session. Based upon previously required services, an estimated number of 216 scans per year will be performed.

15B40620Q00000002 Page 6 of 48

The contractor will normally be scheduled a month in advance. The MRI services schedule will be flexible to meet the need of the institution based on the work volume and the security needs. Any MRI services may be ca ncelled or rescheduled under certain circumstances. The institution will make every effort to notify the contrac tor as soon as possible.

These schedules are subject to change based on the variable needs of the institution(s) and the unpredictable na ture of the correctional environment. Due to the nature of the correctional setting, delays in performance of wo rk may be expected. Such delays may include, but are not limited to, inclement weather, electrical or mechan ical problems, or other security matters.

Education and Experience The contractor or individual performing on behalf of the contractor as the technician must have graduated from a two-year radiography program approved by Colorado and hold valid certifications/licensure as required by th e State of Colorado. The contractor will maintain and comply with all The Joint Commission and AAAHC st andards and maintain accreditation by The Joint Commission of Medical Imaging. The contractor will maint ain credentialing files on all clinical staff performing services. The contractor must provide, with their quote, photocopies of documents evidencing ability to meet qualifications to perform required services in Colorado. E xamples of documentary evidence include licenses, diplomas, certifications, resumes, etc. The contractor mus t meet all the requirements outlined in this Statement of Work and conform to the institution’s security require ments.

Supplies and Equipment All necessary imaging supplies such as film, contrast media, archival media (optical disks), and ancillary items, such as linens and patient gowns, shall be provided by the contractor.

All supplies, materials, and equipment are the responsibility of the MRI services company including the MRI, MRI services technician. A suitable pad, electrical power supply and phone line for the mobile unit will be sup plied by the FCC Florence. All supplies intended for use inside the secure perimeter by the contractor will be l isted on an inventory sheet and approved by FCC Florence in advance. Note: All medical records remain the pr operty of FCC Florence in accordance with the Privacy Act of 1974.

Health Requirements The contractor shall ensure that the MRI Technician is free of infectious diseases. Any individual performing as a MRI Technician under this contract who subsequently develops a medical condition which might reasonably be expected to place other workers, patients, or the public at risk shall be immediately removed from activities requiring performance of invasive procedures and activities which might reasonably be expected to place othe r workers, patients, or the public at risk. In any such case, the Contractor shall be responsible, at no additional cost to the institution, for securing the services of any replacement personnel required to perform this contract.

Description of Duties The services, being non-personal and professional in nature, will be provided in the method as considered ap propriate in the local community, in accordance with The Joint Commission standards, AAAHC, and in accor dance with BOP policies. These services, although not directly supervised, will be reviewed periodically by inst itution medical staff to ensure contract compliance. The performance of these services will be monitored and verified by the Contracting Officer’s Representative (COR).

All duties shall be performed in accordance with standards and methods generally accepted within the field of MRI services, and compliance with all Federal and State policy and regulations. The contractor shall adhere to all standards and regulations associated with the Joint Commission, American Correctional Association Found ation/Core Standards for Adult Correctional Institutions, all BOP Policy and Guidelines and the Local Policy and Procedures. The contractor’s performance shall be monitored by the COR. The contractor must have the ab ility to work with an inmate population from a variety of cultural, regional, racial and ethnic backgrounds. The contractor shall be responsible for, but not limited to:

15B40620Q00000002 Page 7 of 48

1. Provide MRI services at each of the following institutions: ADX, USP, FCI, and FPC located in Florence, Colorado. MRI services provided or made available by the FCC Florence are designed to meet the needs of patients in accordance with professional practices and legal requirements.

2. Perform, send, deliver, receive, store, and retrieve all MRI films or images as needed.

3. Provide and complete all needed comprehensive MRI services equipment including, but not limited to f ilms.

4. Receive and present all MRI reports for review and signature of the assigned clinician.

5. Maintain MRI areas in a clean and orderly fashion.

6. Assist the medical staff with clerical work and appropriately complete all necessary paperwork.

7. The contractor shall wear professional attire. Blue jeans, t-shirts, sneakers, sandals, and khaki or forest green clothing is not acceptable.

8. Perform MRI’s of the brain, cervical, thoracic, lumbar spine in multiple views; various internal body or gans, joints such as the elbow, knee, hip, ankle, etc. with or without contrast.

9. Provide a disc copy of the MRI at the time it is completed.

10.The contractor will be responsible for equipment, maintenance, transportation, delivery and set up of unit, tractors, trailers, and generator for unit, drivers, complete maintenance/service coverage on all equipment, training, staffing insurance, site planning and consultation, marketing, and support etc.

11.The MRI’s imaging capabilities shall allow the operator to readily complete an estimated 216 MRI’s per y ear. This estimate was based on a six month snapshot of current use, but is subject to change.

12.The contractor will prepare a log sheet detailing the number of patients, the name of the patient, procedure s and sequences completed. All documentation prepared by contract personnel shall meet the following cri teria to include: timeliness, legibility, accuracy, content and signature.

13.The contractor shall provide the FCC Health Services Department digital copies of the MRI scans acco mplished in the performance of this contract, on CD, no later than the end of the scan day. This means the same type of equipment would have to be used on a regular basis to prevent non-compatibility between the disk produced and the scanner available. The written report will be provided to the FCC Health Servi ces Department within 3 business days of the scan being completed.

The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical and/or professional aspects of services rendered (i.e., professional judgments, diagno sis for specific medical treatment). These services, although not directly supervised, will be under the adminis trative review of the HSA and/or the designated COR.

Policies, Procedures, and Regulations The contractor shall adhere to all federal, state, and local laws and regulations in effect during the term of this contract. Contract staff shall adhere to all policies and procedures prescribed by the BOP relating to the safety, c ustody, and conduct of inmates.

Inmate Management The contractor will not be responsible for the administrative management of inmates other than to ensure those inmates involved in activities within the contractor’s scope of work abide by all rules. Any violation of the ins titutional rules and regulations are to be brought to the attention of Correctional Services and the HSA in order for prompt and proper action.

All contract personnel providing services under the contract are required to attend an institutional orientation course. A “refresher” orientation must be completed annually. Reimbursement to the contractor for institution o rientation or other security related training will be at the contract rate. The COR will be responsible for scheduli ng training for all applicable staff.

Institution Security

15B40620Q00000002 Page 8 of 48

All contract personnel providing services within the confines of the FCC shall have a complete background in vestigation conducted in accordance with BOP Program Statement 3000.03, A Personnel Manual.

Non-Personal Services The award of this contract will result in a contractual arrangement and will not be considered a personnel appoi ntment with the BOP. The services will not constitute an employer/employee relationship. This is a contractual agreement and not an appointment. All duties outlined in this Statement of Work shall be performed in accorda nce with standards and methods generally accepted within the contractor’s own field of expertise. Payment sh all be based on hourly rate and shall be consistent with an amount of time spent conducting pharmacy services.

No claims for payment may be be made by contractor for administration of program development time. It is the contractor’s responsibility to maintain professional documentation that is in accordance with the Department of Justice, BOP, Health Services requirements.

Contractor Restrictions:

The contractor shall not:

1. Supervise inmates.

2. Supervise BOP staff.

3. Participate in inmate accoubility.

4. Formulate policies or procedures.

5. Attend staff recalls or staff functions.

6. Be a member of the Employee’s Club.

Quality Control Standards The Government reserves the right to inspect and evaluate all services provided during the performance of this contract, the Government may conduct surveillance of any task, at any time, during the performance of this co ntract. All surveillance observations will be documented by the COR.

When an observation indicates defective performance, the Contracting Officer may issue a Discrepancy Report to the contractor. The contractor shall address any Discrepancy Report in writing to the Contracting Officer wit hin ten calendar days of notification, indicating any corrective action taken to rectify the deficiency.

Contract Monitoring The contractor’s performance shall be monitored by the HSA or his/her designee on a routine basis. The ultimate award will result in a nonpersonal contract, as defined in FAR 37.401, under which the contractor is an independent contractor. This shall be a contractual agreement only and shall not be construed as a personnel appointment with the BOP. Payment to the contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results are obtained within the contractor’s own unsupervised d etermination. The contractor will not be subject to government supervision. The government may evaluate the quality of professional and administrative services provided but retains no control over the medical and professional aspects of services rendered.

2.3 Special Contract Conditions

Type of Contract:

The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fi xed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation w ill be awarded in September 2020 and with an anticipated effective date of award (EDOA) of January 1, 2021.

On or about the EDOA, FCC Florence will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA. Therefore, all background clearances shall be completed prior to th e EDOA.

The resulting contract will include a base year period from January 1, 2021 through December 31, 2021 with f our (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 -8, "Option to Extend Services." Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options.

15B40620Q00000002 Page 9 of 48

Performance:

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

Base Year – January 1, 2021 through December 31, 20221 Option Year 1 – January 1, 2022 through December 31, 2022 Option Year 2 – January 1, 2023 through December 31, 2023 Option Year 3 – January 1, 2024 through December 31, 2024 Option Year 4 – January 1, 2025 through December 31, 2025

Point of Acceptance:

The point of acceptance destination is FCC Florence located at 5880 Hwy 67 South, Florence, CO 81226.

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 arrang ement 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 obta ined are within the Contractor's own unsupervised determination. The Contractor will not be subject to Gover nment 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:

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 perform ance;

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.

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 HSA. If the performance of an individual contractor is deemed unacceptable based on the COR and/or HSA, t hat contractor will no longer perform those Physician duties. In this event, the company will be responsible fo r 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.

In accordance with, FAR 37.401, the resulting contract shall be a non-personal health care services contract, as defined in Federal Acquisition Regulations (FAR) 37.101, under which the contractor is an independent contr actor. The Government may evaluate the quality of professional and administrative services provided, but re tains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diag nosis for specific medical treatment). The contractor shall indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. The contract or shall maintain medical liability 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.

15B40620Q00000002 Page 10 of 48

Medical Malpractice:

Except as provided elsewhere in this contract, the Contractor shall provide and maintain medical malpractice and such other insurance during the performance period of this contract. Refer to Federal Acquisition Regulatio n (FAR) 52.237-7, Indemnification and Medical Liability Insurance.

If the Contractor or physician who is providing services under this contract has pending litigation or administr ative proceedings that may affect his/her license to practice medicine or standing as a fellow member in a profe ssional organization, full disclosure shall be provided to the COR and CO within five calendar days upon officia l notification.

If it is determined by the medical legal review that the standard of care has not been met or there is substantial evidence of negligence on the part of the Contractor or contractor employee, regardless of the final judicial dec ision, the physician may lose his/her privileges to practice at the BOP.

Quality of Patient Care/Discrimination:

The hospital and professional service providers will provide BOP patients under the terms of this contract the s ame or equal services to those provided to non-BOP patients. Professional service providers shall be provided within accepted professional standards.

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

Third Party Liability:

Public Law 87-693 (42 U.S.C. 2651) provides that the United States shall be entitled to recover the reasonable v alue of hospital and medical care and treatment furnished or to be furnished to a person who suffers any injury or disease under circumstances indicating the Third Party's Liability involves the potential legal liability of anot her person for the injurer disease in question. This other person is commonly referred to as the "third party" s ince his/her negligent act or failure to act caused an injury or disease to the "first party" requiring medical trea tment by or at the expense of the United States, the "second party".

Reviews:

The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any othe r 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 neces sary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropr iate. 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 O fficer by the Contracting Officer.

15B40620Q00000002 Page 11 of 48

Contract Administration Office (CAO):

The Contracting Office at FCC Florence is assigned to be the CAO for a resultant contract. This assignment c arries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 70; to the extent those functions apply to this contract. This assignment also includes delega tion 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 FCC Florence with an appropriate certificate of appointment. Each task order will identify the suppl y schedule for that period. Orders can be issued orally or electronic commerce methods. The OF-347, SF-144 9, or purchase card acquisition form will be used as the task order.

Contract Security/Investigative Requirements:

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 December 19, 2007. Prima ry concerns are the amount of contact that may occur between the contractor and his/her employees with the i nmate population during the performance of the contract.

The program manager at the FCC 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 c onfines 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 in vestigative 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 invest igation procedures will be made at the sole discretion of the FMC. All persons are advised that a urinalysis tes t for the detection of marijuana and other drug usage shall be performed. Any person(s) testing positive shall b e disqualified from performing under the resulting contract. Any individual employed by the Contractor deeme d not suitable by the Bureau of Prisons requirements will not be granted access to perform services under the co ntract. This is a condition of the contract. The Contractor must be in compliance with Department of Justice reg ulations at 8 CFR 274a regarding the employment of aliens. A copy of this directive is available upon the Co ntractor'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 FCC operations, the institution, and general rules of condu ct and procedures inside the institution. Contractor employees shall adhere to all institution regulations regar ding conduct and performance. Contractor employees will be allowed access to the institution at the sole discret ion of the Chief Executive Officer (CEO). Any individual performing under this contract may be removed if it

15B40620Q00000002 Page 12 of 48 becomes apparent that his/her conduct does not reflect the conduct of that prescribed for those people performi ng 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 contr act calls issued under this contract. The BOP will use the information for financial, legal, research, and health ca re procedures.

Disclosure of this information may be made by the BOP to: fiscal intermediaries; the Office of Workers' Comp ensation 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 rese arch 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., guns hot wounds, rape, child abuse or neglect, alcohol or drug abuse, etc.); designated fiscal intermediaries; and bi lling third parties for the payment of care not reimbursed by the BOP. The Contractor must forward all other req uests for information to the Health Services Administrator.

Schedule of Required Insurance:

In accordance with FAR 52.212-4(q), the Contractor shall comply with all applicable Federal, State, and local la ws for the requirements of maintaining applicable insurance coverage. In accordance with FAR clause 52.228- 5 entitled "Insurance-Work on a Government Installation" the Contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of i nsurance required as listed below:

Worker’s Compensation & Employers Liability:

The contractor shall comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the em ployer's liability section of the insurance policy, except when performance period operations are so comming led 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 th at 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 end orsement 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 l onger.

The Contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this c ontract 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 sub contractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon reque st.

15B40620Q00000002 Page 13 of 48

Professional Medical Liability:

In accordance with FAR 52.237-7, contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence:

$1,000,000.

Statement of Equivalent Hires:

The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows:

Radiologic Technologist, Code 12305 - $29.94 plus benefits. As stated in the contract clause, this is for infor mational purposes only.

Department of Labor Wage Determination:

The applicable DOL Wage Determination for this procurement has been determined to be Wage Determination No. 2015-5435, Revis ion No. 12 dated 07/01/2020. The current revision of the determination is attached for informational purposes.

15B40620Q00000002 Page 14 of 48

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)

52.224-1 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)

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

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.

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, 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 contract year;

15B40620Q00000002 Page 15 of 48

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of items within the current contract year; 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 5 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.

(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 one day prior to the expiration of the current contract year; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at leas t 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 (five) (months)(ye ars).

(End of clause)

15B40620Q00000002 Page 16 of 48

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 Radiologic Technician (12305) $29.94 (not including 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 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 appr opriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any p ayment 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)

52.237-7 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:

(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…