15B41424Q00000005-0001 USMCFP AUDIOLOGY SOLICIATION.pdf

15B41424Q00000005/0001 Page 1 of 44

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 44

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

03/14/2024

4. REQUISITION/PURCHASE REQUISITION NUMBER

15B41424PR000206

5. PROJECT NUMBER (If applicable)

15B414CODE

Federal Bureau of Prisons USMCFP Springfield 1900 West Sunshine Springfield, MO 65807-2240

Michelle Day

(O) 417-837-1700 Mday@bop.gov

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15B41424Q00000005

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

02/23/2024

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

THIS AMENDMENT EXTENDS THE SOLICITATION CLOSING DATE/TIME TO: 03/21/2024 - 13:00 America/Chicago

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Ross Hanners Supervisory Contract Specialist

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

15B41424Q00000005/0001 Page 2 of 44

Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule 2 Contract Clauses

52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 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) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) DOJ-02 Contractor Privacy Requirements (JAN 2022) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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

(JUNE 2004)

52.216-18 Ordering (Aug 2020) 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) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) BOP 2852.237-77 Contractors Classified as Common Law Employees (Nov 2014) DJAR-PGD-02-02B Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems DJAR-PGD-15-02-1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-1C Contractor Certification of Compliance with Federal Tax Requirements - Solicitation - (DEVIATION 2015-02) (March 2015) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2023)

3 List of Attachments 4 Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2023)

15B41424Q00000005/0001 Page 3 of 44

Section 1 - Commodity or Services Schedule

PROVIDE HEARING AID SERVICES FOR THE US MEDICAL CENTER FOR FEDERAL PRISONERS IN ACCORDANCE WITH

STATEMENT OF WORK (SOW).

Funds shall be obligated by individual delivery task orders.

Firm Fixed Price

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Audiology and Hearing Aid Services

Cost/Qty of services is estimated based on gov. est and contractors pricing - Actual Cost to be billed after render of services at rates outlined below.

# SERVICE EST QTY PER PERFORMANCE PERIOD

0001 Hearing Aid Selection and Evaluation of Patient EST QTY YR 30 Price EA $____ Line Total $ _____

0002 Ear Molds EST QTY YR 15 Price EA $____ Line Total $ _____

0003 Repair of Hearing Aid (minimum charge) EST QTY YR 15 Price EA $____ Line Total $ _____

0004 Repair of Hearing Aid (maximum charge) EST QTY YR 15 Price EA $____ Line Total $ _____

0005 All-In-Ear Hearing Aid (including fitting) EST QTY YR 15 Price EA $____ Line Total $ ____

0006 Canal Aid EST QTY YR 1 Price EA $____ Line Total $ _____

0007 Behind The Ear Aid EST QTY YR 1 Price EA $____ Line Total $ _____

0008 Warranty Period/Terms for Hearing Aids 1 year EST QTY YR 15 Price EA $____ Line Total $ _____

0009 Hearing Exam EST QTY YR 25 Price EA $____ Line Total $ _____

0010 Audiogram review EST QTY YR 25 Price EA $____ Line Total $ _____

CLIN Grand Total $ __________

PSC: Q999

Base Period

Previous : 1

Change: 0

Current : 1

YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Audiology and Hearing Aid Services

Cost/Qty of services is estimated based on gov. est and contractors pricing - Actual Cost to be billed after render of services at rates outlined below.

# SERVICE EST QTY PER PERFORMANCE PERIOD

0001 Hearing Aid Selection and Evaluation of Patient EST QTY YR 30 Price EA $____ Line Total $ ____

0002 Ear Molds EST QTY YR 15 Price EA $____ Line Total $ ____

0003 Repair of Hearing Aid (minimum charge) EST QTY YR 15 Price EA $____ Line Total $ ____

0004 Repair of Hearing Aid (maximum charge) EST QTY YR 15 Price EA $____ Line Total $ ____

0005 All-In-Ear Hearing Aid (including fitting)

Previous : 1

Change: 0

Current : 1

YR $________ $_________________

15B41424Q00000005/0001 Page 4 of 44

EST QTY YR 15 Price EA $____ Line Total $ ____

0006 Canal Aid EST QTY YR 1 Price EA $____ Line Total $ ____

0007 Behind The Ear Aid EST QTY YR 1 Price EA $____ Line Total $ ____

0008 Warranty Period/Terms for Hearing Aids 1 year EST QTY YR 15 Price EA $____ Line Total $ ____

0009 Hearing Exam EST QTY YR 25 Price EA $____ Line Total $ ____

0010 Audiogram review EST QTY YR 25 Price EA $____ Line Total $ ____

CLIN Grand Total $ __________

PSC: Q999

Option Period 1

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Audiology and Hearing Aid Services

Cost/Qty of services is estimated based on gov. est and contractors pricing - Actual Cost to be billed after render of services at rates outlined below.

# SERVICE EST QTY PER PERFORMANCE PERIOD

0001 Hearing Aid Selection and Evaluation of Patient EST QTY YR 30 Price EA $____ Line Total $ ____

0002 Ear Molds EST QTY YR 15 Price EA $____ Line Total $ ____

0003 Repair of Hearing Aid (minimum charge) EST QTY YR 15 Price EA $____ Line Total $ ____

0004 Repair of Hearing Aid (maximum charge) EST QTY YR 15 Price EA $____ Line Total $ ____

0005 All-In-Ear Hearing Aid (including fitting) EST QTY YR 15 Price EA $____ Line Total $ ____

0006 Canal Aid EST QTY YR 1 Price EA $____ Line Total $ ____

0007 Behind The Ear Aid EST QTY YR 1 Price EA $____ Line Total $ ____

0008 Warranty Period/Terms for Hearing Aids 1 year EST QTY YR 15 Price EA $____ Line Total $ ____

0009 Hearing Exam EST QTY YR 25 Price EA $____ Line Total $ ____

0010 Audiogram review EST QTY YR 25 Price EA $____ Line Total $ ____

CLIN Grand Total $ __________

PSC: Q999

Option Period 2

Previous : 1

Change: 0

Current : 1

YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Audiology and Hearing Aid Services

Cost/Qty of services is estimated based on gov. est and contractors pricing - Actual Cost to be billed after render of services at rates outlined below.

# SERVICE EST QTY PER PERFORMANCE PERIOD

0001 Hearing Aid Selection and Evaluation of Patient EST QTY YR 30 Price EA $____ Line Total $ ____

0002 Ear Molds EST QTY YR 15 Price EA $____ Line Total $ ____

0003 Repair of Hearing Aid (minimum charge) EST QTY YR 15 Price EA $____ Line Total $ ____

0004 Repair of Hearing Aid (maximum charge)

Previous : 1

Change: 0

Current : 1

YR $________ $_________________

15B41424Q00000005/0001 Page 5 of 44

EST QTY YR 15 Price EA $____ Line Total $ ____

0005 All-In-Ear Hearing Aid (including fitting) EST QTY YR 15 Price EA $____ Line Total $ ____

0006 Canal Aid EST QTY YR 1 Price EA $____ Line Total $ ____

0007 Behind The Ear Aid EST QTY YR 1 Price EA $____ Line Total $ ____

0008 Warranty Period/Terms for Hearing Aids 1 year EST QTY YR 15 Price EA $____ Line Total $ ____

0009 Hearing Exam EST QTY YR 25 Price EA $____ Line Total $ ____

0010 Audiogram review EST QTY YR 25 Price EA $____ Line Total $ ____

CLIN Grand Total $ __________

PSC: Q999

Option Period 3

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Audiology and Hearing Aid Services

Cost/Qty of services is estimated based on gov. est and contractors pricing - Actual Cost to be billed after render of services at rates outlined below.

# SERVICE EST QTY PER PERFORMANCE PERIOD

0001 Hearing Aid Selection and Evaluation of Patient EST QTY YR 30 Price EA $____ Line Total $ ____

0002 Ear Molds EST QTY YR 15 Price EA $____ Line Total $ ____

0003 Repair of Hearing Aid (minimum charge) EST QTY YR 15 Price EA $____ Line Total $ ____

0004 Repair of Hearing Aid (maximum charge) EST QTY YR 15 Price EA $____ Line Total $ ____

0005 All-In-Ear Hearing Aid (including fitting) EST QTY YR 15 Price EA $____ Line Total $ ____

0006 Canal Aid EST QTY YR 1 Price EA $____ Line Total $ ____

0007 Behind The Ear Aid EST QTY YR 1 Price EA $____ Line Total $ ____

0008 Warranty Period/Terms for Hearing Aids 1 year EST QTY YR 15 Price EA $____ Line Total $ ____

0009 Hearing Exam EST QTY YR 25 Price EA $____ Line Total $ ____

0010 Audiogram review EST QTY YR 25 Price EA $____ Line Total $ ____

CLIN Grand Total $ __________

PSC: Q999

Option Period 4

Previous : 1

Change: 0

Current : 1

YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Audiology and Hearing Aid Services

Cost/Qty of services is estimated based on gov. est and contractors pricing - Actual Cost to be billed after render of services at rates outlined below.

# SERVICE EST QTY PER PERFORMANCE PERIOD

0001 Hearing Aid Selection and Evaluation of Patient EST QTY 6 months - 15 Price EA $____ Line Total $ ____

0002 Ear Molds EST QTY 6 months - 8 Price EA $____ Line Total $ ____

0003 Repair of Hearing Aid (minimum charge)

Previous : 6

Change: 0

Current : 6

MO $________ $_________________

15B41424Q00000005/0001 Page 6 of 44

EST QTY 6 month - 8 Price EA $____ Line Total $ ____

0004 Repair of Hearing Aid (maximum charge) EST QTY 6 month - 8 Price EA $____ Line Total $ ____

0005 All-In-Ear Hearing Aid (including fitting) EST QTY 6 month - 8 Price EA $____ Line Total $ ____

0006 Canal Aid EST QTY 6 month - 1 Price EA $____ Line Total $ ____

0007 Behind The Ear Aid EST QTY 6 month - 1 Price EA $____ Line Total $ ____

0008 Warranty Period/Terms for Hearing Aids 1 year EST QTY 6 month - 8 Price EA $____ Line Total $ ____

0009 Hearing Exam EST QTY 6 month - 13 Price EA $____ Line Total $ ____

0010 Audiogram review EST QTY 6 month - 13 Price EA $____ Line Total $ ____

CLIN Grand Total $ __________

PSC: Q999

Option Period

2.2 STATEMENT OF WORK / SPECIFICATIONS AUDIOLOGY AND HEARING AID SERVICES, MCFP SPRINGFIELD

1. The Federal Bureau of Prisons, United States Medical Center for Federal Prisoners Springfield, Missouri intends to make an award to a responsible offeror for the provision of Audiology/Hearing Aid Services for the Medical Clinic to conduct hearing examinations and evaluations for Government Staff and hearing examinations, evaluations, and correct impaired hearing for inmate patients at the United States Medical Center for Federal Prisoners (herein after referred to as USMCFP).

2. The anticipated period of performance for this contract will be from April 1, 2024, through March 31, 2025, with four (4) option years and a 6 month option period at the discretition of the government. Contractor will be available as mutually agreed upon, by the U.S. Medical Center and the contractor, Monday thru Friday between the hours of 0730 to 1530. Vendor to provide services one (1) time per month or as deemed necessary based upon clinical needs.

3. Rate of remuneration will be stated per each service listed below. Quantities are estimated based on current year needs. Individual delivery orders will be required for actual services rendered.

A. HEARING AID SELECTION AND EVALUATION OF PATIENT – approx. 30 per year B. EAR MOLDS – approx.15 per year C. REPAIR OF HEARING AID (MINIMUM CHARGE) – approx. 15 per year D. REPAIR OF HEARING AID (MAXIMUM CHARGE) – approx. 15 per year E. ALL-IN-EAR HEARING AID (INCLUDING FITTING)– approx. 15 per year F. CANAL AID – approx. 1 per year G. BEHIND THE EAR AID (CROS BTE SYSTEM) - approx. 1 per year H. WARRANTY PERIOD/TERMS FOR HEARING AIDS_ 1 Year – approx. 15 per year I. Hearing Exam – approx. 25 per year J. Audiogram review – approx. 25 per year

The estimated total quantity listed above is for the base year. All option years quantities will be based on the base year quantity. The estimate is not a representation to an offeror that the estimated quantity will be required or ordered, or that the conditions affecting requirements will be stable or normal. Award will be made to the

15B41424Q00000005/0001 Page 7 of 44 responsible quote who submits the best value offer to the Government based on price, past performance, and technical. Technical will be evaluated based on features of the devices and/or any reasonable basis.

4. The contractor is to provide certification /license and experience with their response.

NOTE: Bidder shall submit with bid package any supporting documentation such as certificate/license and past experience to be determined as a qualified provider.

5. Hearing Examinations-the contractor will conduct hearing examinations utilizing bone and air conduction with and without masking, both in automatic and manual operation. The measurement of the acuity of hearing will be for the various frequencies of sound waves. All hearing examinations will be formally documented by the contractor. The documentation must be a complete and concise representation of patient’s status. The documentation will be formal in nature as it will be entered into the patient’s electronic medical record.

Review of audiograms the contractor will review audiograms for the Hearing Conservation Program air the institution and compare them to the baseline exam or prior test to determine significant threshold shifts. Hearing aids can be justified only by clinical indication. The Clinical Director, in consultation with an audiologist, will determine if a hearing aid is medically necessary. Review Items and Supplies needed by the contractor for the mold, repair, or manufacture of the hearing aid will be provided by the contractor. Any records maintained by the contractor will be the property of the Government.

Estimated hearing examinations per Month = approx. 6

Estimated audiogram reviews for threshold shifts = approx. 6

6. The U.S. Medical Center for Federal Prisoners is a federal prison and therefore the contractor agrees to adhere to all regulations prescribed by the institution for safety, custody and conduct of inmates. The contractor shall attend a four (4) hour orientation prior to assuming institutional involvement. Contractor shall attend a two (2) hour refresher training for each option year exercised.

7. The contractor will not be responsible for the management of inmates other than to ensure that those inmates involved in activities within the contractor’s scope of work shall abide by all rules in effect to ensure their safety as well as the institutions security. A full-time member or the staff at the U.S. Medical Center will monitor the patient during the consultation.

8. This is a contractual agreement and not a government appointment. 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. Payment is based on 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, the contractor performance shall be monitored.

9. Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of option years.

10. Pursuant to FAR 17.203(d), offerors may offer varying prices for option years, depending on the quantities actually ordered and the dates when ordered.

11. CONTRACT SECURITY

The purpose is to establish security and supervision requirements for contract and consultant personnel involved in the delivery of services to Bureau of Prison facilities. Contractor to complete security documentation requirements as required for contractors providing medical care. The following investigative procedures will be applied, and appropriate forms completed before an individual is permitted inside an institution.

15B41424Q00000005/0001 Page 8 of 44

(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

(11) Urinalysis

Section 2 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.203-12 Limitation On Payments to Influence Certain Federal

Transactions (Jun 2020)

52.204-9 Personal Identity Verification of Contractor Personnel

(Jan 2011)

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

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

52.223-5 Pollution Prevention and Right-to-Know Information

(May 2011)

52.223-6 Drug-Free Workplace (May 2001)

52.224-1 Privacy Act Notification (Apr 1984)

15B41424Q00000005/0001 Page 9 of 44

Clause Title Fill-ins (if applicable)

52.224-2 Privacy Act (Apr 1984)

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

1997)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023)

52.237-2 Protection of Government Buildings, Equipment, and

Vegetation (Apr 1984)

DOJ-02 Contractor Privacy Requirements (JAN 2022)

Clauses By Full Text

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard

Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

15B41424Q00000005/0001 Page 10 of 44

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

[End of Clause]

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

15B41424Q00000005/0001 Page 11 of 44

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective performance period through the last day of the effective performance period [insert dates].

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

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

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

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

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

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

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

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

(End of clause)

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 [insert dollar figure or quantity], 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 he estimated quantities identified in the Schedule of Items within the current performance period [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items within the current performance period [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in 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 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements (Oct 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

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

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

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

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

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

(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 prior to expiration of the current contract period [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within prior to expiration of the current contract period [insert the period of time within which the Contracting Officer may exercise the option];

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

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

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

(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.

* 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.

(End of clause)

BOP 2852.237-77 Contractors Classified as Common Law Employees (Nov 2014)

(a) When award is made to an individual other than a corporation, the provision of these services is considered to create a common law employment relationship. Therefore, the Bureau is responsible for the payment of FICA taxes and the withholding of the individual contractor’s taxes.

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(b) An award made to an individual resulting from this solicitation is not subject to FAR 52.212-4(i), Prompt Payment Act.

(c) Upon contract award, the following forms shall be completed by the individual awardee:

• Direct Deposit (SF-1199A)

• Federal/State/City/County Tax forms (as applicable)

• Employee Locator Form (DOJ-233)

• Race and National Origin Identification (SF-181)

• Self-Identification of Handicap (SF-256)

• Employment Eligibility Verification (I-9)

(d) Despite an individual contractor’s status as a common law employee, the contractor is not entitled to other aspects of employment with the Bureau such as the filing of Equal Employment Opportunity claims, tort claims, etc.

[End of Clause]

DJAR-PGD-02-02B Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems

The Department of Justice (DOJ) will no longer permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment document, the contractor agrees to this restriction with respect to all new employees utilized directly to perform duties on the contract. Non-U.S. citizens currently employees under this contract or commitment may continue performance unless otherwise directed by the Department of Justice. No new, replacement, or additional Non-U.S.

citizens may be added to the contract without the express approval of the Department of Justice. [In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described.].

(End of Clause)

DJAR-PGD-15-02-1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department's current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation -

(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability , unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By submitting a response to this solicitation, the offeror represents that, as of the date of this offer -

(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of Provision)

DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015)

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None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employess or contractors of such entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, ora buse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of Provision)

DJAR-PGD-15-02-1C Contractor Certification of Compliance with Federal Tax Requirements - Solicitation - (DEVIATION 2015-02) (March 2015)

By submitting a response to this solicitation, the contractor certifies that, to the best of its knowledge, information and belief, the contractor has (a) filed all Federal tax returns required during the three years preceding the certification, (b) not been convicted of a criminal offense under the Internal Revenue Code of 1986, and (c) not been notified, more than 90 days before the subject certification, of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(End of Provision)

DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023)

I. Applicability to Contractors and Subcontractors Section 2839.102 of the Justice Acquisition Regulation (JAR), (48 C.F.R. § 2839.102), applies to this contract. Accordingly, all contractors are obligated to comply with all applicable DOJ security policies, directives, or guidance documents, including the security requirements in the provisions in this contract clause. This contract clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of the contractors and subcontractors (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. The security requirements set forth herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), and any other applicable laws, mandates, contract clauses, DOJ policies, directives or guidance documents and Executive Orders pertaining to the development and operation of Information Systems and/or the protection of Government Information. This clause does not alter or diminish any existing rights, obligations, 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. Authorization to Operate (“ATO”), as defined in National Institute of Standards and Technology (“NIST”) Special Publication (“SP”) 800-37 Revision 2, is the official management decision given by a senior Federal official or officials to authorize operation of an information system and to explicitly accept the risk to agency operations (including mission, functions, image, or reputation), agency assets, individuals, other organizations, and the Nation based on the implementation of an agreed-upon set of security and privacy controls.

B. Cloud Computing, as defined in DOJ Order 0904 Cybersecurity Program, is a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This cloud model is composed of five essential characteristics, three service models, and four deployment models in accordance with NIST SP 800-145.

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C. Covered Contract is any contract, order or other agreement 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 defined below) in the course of providing a product or service to the Department, with the exception of acquisitions under the micro-purchase threshold.

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

E. Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data, computer software, and personally identifiable information (PII) (defined below).