15B41122Q00000011 RFQ.pdf

15B41122Q00000011 Page 1 of 45

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B41122Q00000011

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

01/05/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Gary M. Kurtz Gkurtz@bop.gov

b. TELEPHONE NUMBER (No collect calls)

309-346-8588 x1059

8. OFFER DUE DATE / LOCAL

TIME

02/04/2022 1:00 PM CST

CODE BPEK

Federal Bureau of Prisons FCI Pekin

2600 S. 2ND STREET

Pekin, IL 61554

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 1.00 % 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: 621320

SIZE STANDARD: $7.5

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

BPEKCODE15. DELIVER TO

Federal Bureau of Prisons FCI Pekin

2600 S. 2ND STREET

Pekin, IL 61554

CODE BPEK16. ADMINISTERED BY

Federal Bureau of Prisons FCI Pekin

2600 S. 2ND STREET

Pekin, IL 61554

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BPEKCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Pekin

2600 S. 2ND STREET

Pekin, IL 61554

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 Optometry Services for the inmate population at FCI/FPC Pekin, IL.

Firm Fixed Price

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

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

Gary Kurtz

31c. DATE SIGNED

01/05/2022

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B41122Q00000011 Page 2 of 45

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

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Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Schedule of Items / Pricing

2.2 Statement of Work

3 Contract Clauses 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) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) Information Technology DOJ 2640.2F Department of Justice Order 2640.2F (Nov 2008) DJAR-PGD-1503 - Security of Department Information and Systems (Apr 2015) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011)

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

52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-18 Availability Of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions--Commercial Items (June 2010) 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements (May 2014) 52.223-5 Pollution Prevention and Right-to-Know Information (Aug 2003) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

52.27-103-72A DEPARTMENT OF JUSTICE RESIDENCY REQUIREMENT CERTIFICATION

FORM (JUNE 2004)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (Nov 2015) BOP 2852.237-77 Contractors Classified as Common Law Employees (Nov 2014)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008)

4 List of Attachments Contract Conditions Special Contract Conditions Tailoring Tailoring

5 Solicitation Provisions

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52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

FAO-0021 Business Management Questionnaire 52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2015) 52.217-5 Evaluation of Options (July 1990) 52.237-1 Site Visit (Apr 1984) 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007) 52.204-7 System for Award Management (Jul 2013) 52.212-1 Instructions to Offerors--Commercial Items (June 2008) BOP 2852.237-78 Submission/Evaluation of Quotations/Offers by Individuals (Nov 2014)

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Optometry Services for FCI Pekin, Base Year. Effective Date of Award (EDOA) through 12 Months from EDOA (Estimated Maximum)

PSC: Q512

Base Period

192 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Optometry Services for FCI Pekin, Option Year One. 13 months from EDOA through 24 months from EDOA (Estimated Maximum)

PSC: Q512

Option Period

192 $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Optometry Services for FCI Pekin, Option Year Two. 25 months from EDOA through 36 months from EDOA (Estimated Maximum)

PSC: Q512

Option Period

192 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Optometry Services for FCI Pekin, Option Year Three. 37 months from EDOA through 48 months from EDOA (Estimated Maximum)

PSC: Q512

Option Period

192 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Optometry Services for FCI Pekin, Option Year Four. 49 months from EDOA through 60 months from EDOA (Estimated Maximum)

PSC: Q512

Option Period

192 $________ $_________________

2.1 Schedule of Items / Pricing

Total amount for the Base Year and 4 Option Years $______________________________

PRICING METHODOLOGY

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The Contractor shall provide non-personal services, upon request by the institution as detailed in the Statement of Work. The Government reserves the right to award without discussion. Therefore, each initial offer should contain the offeror's best terms from a cost or price standpoint.

The contract rate for these services shall be on a per session basis. Session lengths are defined as one (1) hour of service. Sessions will typically be scheduled in 8 hour blocks, two days a month for a total of 192 sessions per year. The contract rate shall include all charges for providing these services. The contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract. (e.g., bonding, overhead, profit, supervision) The quantity of services to be provided by the Contractor is estimated above. These estimates are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or normal. The offerors are required to submit a completed copy of the Schedule of Supplies/Services, located in the table above, inclusive of the base year and all option years.

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

AWARD METHODOLOGY

The Government inteds to make a single-award to a quoter, pursuant to an affirmative determination of responsibility, whose quote, conforming to the solicitation, is determined to be most advantageous to the Government, considering lowest price. The basis for selection shall be price and acceptable past performance. The Government reserves the right to require the quoter to submit additional information necessary to support a pre-award determination of responsibility.

When award is made to an individual, the provision of these services has been determined to meet certain criteria for creating a common law relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65 percent) and the withholding of the individual employee's taxes. These responsibilities apply only when award of the solicitation is made to an individual. It does not apply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65 percent will be added to the price submitted by individuals who are not incorporated.

2.2 Statement of Work

Subject

The Health Services Department at FCI and FPC Pekin requires a contractor to provide non personal Optometry Services as prescribed in the description of duties listed below at the FCI and FPC Pekin, IL.

Place of Performance

2600 S 2nd Street Pekin, IL 61554

Services will be performed in the Health Services Department.

Schedule

A session is defined as I hour. A normal work day will consist of 8 sessions for an estimated total of 192 sessions per twelve month period. A monthly schedule will be agreed upon after award by mutual agreement of all parties. This schedule is subject to change to meet the needs of the institution. The contractor will normally work between 7:30 A.M. – 4:00 P.M, with a 30-minute unpaid lunch break. Again, this schedule is subject to some variation as the needs of the institution vary. Any change in schedule or adjustments in sessions will require prior approval by the Contracting Officer's Representative (COR) Payment for services will only be based on scheduled sessions of work according to contract. A schedule that is mutually acceptable to the government and the contractor can be determined after award of the contract.

Education and Experience

The optometrist must have the ability to work with an inmate population from a variety of cultural, regional, racial and ethnic backgrounds. Must have knowledge of routine office related duties including working knowledge of computers, word processing programs and be able to type. The optometrist must possess good organizational skills, good interpersonal relationship skills and be

15B41122Q00000011 Page 7 of 45 able to work effectively with the medical staff. The optometrist must hold a diploma from an accredited program and must possess I year of experience in Optometry.

Additionally, the optometrist shall also hold a current professional license that permits him/her to practice the professional specialty of Optometry in Illinois. The optometrist cannot have had a negative employment termination within 36 months prior to initiating vouchering process on them. The contractor shall ensure submitted prospective employee(s) meet the requirements of the vouchering process as described in the Civilian Personnel Manual 3000.02. The optometrist's name, work experience and proof of qualifications must be provided at the time the quote is submitted. The optometrist must pass the security clearances listed in the Contract. The optometrist must provide proof that they meet all qualifications. Failure to submit this information may result in elimination from consideration.

Health Requirements

The contractor shall ensure that the Optometrist is free of infectious diseases. Any individual performing as an Optometrist 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 other 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 for contract performance.

Description of Duties

The contractor shall be responsible for the following tasks.

1. Providing verification of credentials, proof of malpractice insurance and medical indemnification insurance in the amount specified in the

1. Evaluation of patients as referred by the medical

1. Providing legible written reports on all patients evaluated, to include but not limited to:

* Eye exams as requested

* Diagnosis of eye conditions

* Removal of foreign objects from the eye

* Physical findings

* Tonometry exams

* Recommendations for treatment and follow-up care

* Prescribing corrective lenses/frames as appropriate

* Fitting of eye glasses and adjustment of frames

* Individualized adjustment of exam equipment as needed

* Contractor must complete a minimum of 20 and up to 25 scheduled exams per eight session day

* Utilize the Bureau of Prisons' Electronic Medical Record to document the eye exam

The contractor will not:

* Supervise BOP staff

* Participate in inmate accountability

* Requisition, sign for, or pick up supplies

* Formulate policies or procedures

* Attend recalls or staff functions

* Be a member of the Employees Club

Attire

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Additionally, contractors are required to wear appropriate professional attire at all times. Jeans (of any color), T-shirts, sandals (of any type), tank tops, and sweat pants/shirts are not considered appropriate professional attire.

Patient Management

The contractor will be responsible for receiving patients and explaining procedures to alleviate undue anxiety, submitting reports and evaluations as requested. The contractor will be responsible for following directives and comply with Bureau of Prisons Health Services Manual, local institutional mandates, and the Health Services Department's policies in the management of all patient encounters.

Patients shall be afforded impartial access to treatment or accommodations that are available or medically indicated, regardless of race, creed, sex, national origin, or religion. Staffing shall be commensurate with the expected needs of the patients and within the scope of services offered. The contractor shall NOT provide information to the inmates(s). If the situation arises where inmate(s) are required to be provided information, the Clinical Director, Health Services Administrator (HSA), or COR shall provide any information the inmate(s) are to receive. The contractor is required to maintain an open line of communication with the Clinical Director, HSA, and COR.

Inmate Management

Provision of services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract's scope of work abide by all rules to ensure their safety and well-being. The successful contractor shall attend the Institution Familiarization Orientation program prior to assuming institution involvement. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The contractor may, at any time, be removed from the institution at the discretion of the CEO. The contractor is to constantly be aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed at the institution. The contractor will be required to provide documentation to the COR, or designee, of any infractions of institutional rules and regulations by inmates for proper action.

Institution Security

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

Non-Personal Services/Common Law

Employee Information

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

If the resulting contract is made to an individual(s), the provision of these services has been determined to meet certain criteria for creating common law employee relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65%) and the withholding of the individual's taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not apply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65% will be added to the price submitted by individuals who are not incorporated.

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (June 2010)

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)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-18 Availability Of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

52.233-1 Disputes (May 2014)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr

1984)

52.253-1 Computer Generated Forms (Jan 1991)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-13 System for Award Management Maintenance (Jul 2013)

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Clause Title Fill-ins (if applicable)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

52.212-4 Contract Terms and Conditions--Commercial Items (June 2010)

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements (May 2014)

52.223-5 Pollution Prevention and Right-to-Know Information (Aug 2003)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

(Nov 2021)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

Clauses By Full Text

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the 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 one session, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

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

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

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

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

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

(End of clause)

52.216-21 Requirements (Oct 1995)

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

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

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

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

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

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

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the expiration of the current performance period.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 five (5) years.

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30, 2022. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2022, 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)

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(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *1,000,000.00.

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

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

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

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

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

(End of clause)

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

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

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

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

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

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

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

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

(End of Clause)

Information Technology DOJ 2640.2F Department of Justice Order 2640.2F (Nov 2008)

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Department of Justice (DOJ) Order 2640.2F prohibits the use of non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or assisting in the development, operation, management, or maintenance of any DOJ Information Technology System. By signing this contract or beginning performance, the contractor agrees to this restriction.

(End of Clause)

DJAR-PGD-1503 - Security of Department Information and Systems (Apr 2015)

I. Applicability

This guidance applies to any Solicitation, whether written or oral, issued on or after the date of this guidance, that will result in a Covered Contract. A Covered Contract is any contract, order or other commitment under which the contractor, or a subcontractor at any tier, including a cloud service provider, may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information, as that term is defined in Section B of the security clause set forth in the Attachment to this PGD, with the exception of acquisitions under the micro-purchase threshold when using a government purchase card as both the purchasing and payment mechanism. Covered Contracts include, but are not limited to, service contracts (e.g., litigation and FOIA support contracts in which the contractor scans documents containing DOJ Information and such information is collected, stored, processed, maintained, used, shared, retrieved, disseminated, transmitted, or disposed of using the contractor’s Information System).

II. Required Security Clause in all Covered Contracts

Contracting Officers (“COs”) must insert the Security Clause set forth in the Attachment to this PGD in all Solicitations for Covered Contracts issued after the date of issuance of this PGD, unless waived by the SPE. Contracting Officers also must ensure that all Solicitations for Covered Contracts include, as applicable, the requirements laid out in PGD 11-09, Homeland Security Presidential Directive 12 (HSPD-12), and PGD 14-03, Acquisition of High- or Moderate-Impact Information Technology Systems.

COs also may include additional security requirements to those requirements set forth in the Attachment, so long as those additional requirements are not inconsistent with the requirements set forth in the Attachment.

III. Notification of Security Incident The CO and/or CO’s Representative (“COR”) shall notify the DOJ Computer Emergency Readiness Team (“DOJCERT”) at 1-866- US4-CERT (1-866-874-2378) within one hour of receipt of any notification by Contractor of a Security Incident under Section VI.B & C of the attached Security Clause, and the CO and/or COR shall notify the DOJ Chief Information Officer (“CIO”), DOJ Chief Information Security Officer (“CISO”), and the Component’s CIO and Bureau Procurement Chief (“BPC”) as soon as practicable of any notification of a Security Incident received by the CO and/or COR under Section VI.B & C of the attached Security Clause.

IV. Waiver of Specific Security Requirements A. Waiver. A Component may request a waiver of the security requirements identified in the Attachment to this PGD, in whole or in part, for a specific contract or class of contracts. For those contracts or class of contracts for which a Component previously sought and received a waiver of any requirement contained in PGD 08-04, those waivers shall apply to this PGD and remain in effect for the period identified in the waiver.

B. Waiver Process. The request should be submitted to the DOJ Senior Procurement Executive (“SPE”) by the Component’s CIO or, for those Component’s without a CIO, an official at the Executive Officer or equivalent level. A copy of the request also should be provided to the DOJ CIO and DOJ CISO. The request should include the following:

1. The contract or contracts for which the waiver is being sought, including a description of the product or services being procured;

2. The type, amount, and level of sensitivity of the DOJ Information involved in the contract or contracts, including whether the

DOJ Information contains PII;

3. The specific requirement or requirements the Component seeks to waive and the reasons for seeking the waiver;

4. A description of all compensating controls or measures undertaken by the Component and/or contractor to mitigate the risk of harm resulting from waiver of the requirement or requirements;

5. The time-frame for which the waiver is sought and a description of all steps being undertaken by the Component and/or contractor to comply in the future with the requirement or requirements for which the waiver is sought, including a plan of action and milestones to facilitate compliance; and,

6. A statement that the Component accepts the risk of harm that could result from waiving the requirement or requirements.

Security of Department Information and Systems

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, 15B41122Q00000011 Page 14 of 45 disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions

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

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

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

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

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

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

III. Confidentiality and Non-disclosure of DOJ Information

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

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S.

Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).

IV. Compliance with Information Technology Security Policies, Procedures and Requirements

A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:

15B41122Q00000011 Page 15 of 45

1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;

2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems;

3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and /or DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

6. Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;

7. Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Information System backups;

8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and verifying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication methods where required;

9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate preparation, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to appropriate officials and authorities within Contractor’s organization and the DOJ;

10.Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance;

11. Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media;

limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information System media containing DOJ Information before disposal, release or reuse of such media;

12. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized U.S. citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the physical facilities and support infrastructure for such Information Systems;

13. Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with DOJ Security standards;

14. Assessing the risk to DOJ Information in Covered Information Systems periodically, including scanning for vulnerabilities and remediating such vulnerabilities in accordance with DOJ policy and ensuring the timely removal of assets no longer supported by the Contractor;

15. Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application, developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the controls;

16. Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Information Systems, and employing architectural designs, software development techniques, and systems engineering principles that promote effective security; and

17. Identifying, reporting, and correcting Covered Information System security flaws in a…