15B51520Q00000013_Completed Solicit Pkg.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

October 14, 2020

RE: 15B51520Q00000013, Mobile MRI Services

Federal Correctional Institution (FCI) – Texarkana, TX

Dear Quoters:

This cover letter precedes the solicitation package that has been prepared by the Federal Bureau of Prisons, Federal Acquisition Office, for the acquisition of Mobile MRI Services. This package contains all necessary information for submitting a quote for evaluation for performing these services at FCI Texarkana, TX.

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

All quotes must be received on or before November 14, 2020 at 3:00 pm Central Time. Please email all required documents for quotes to ldthomas@bop.gov.

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

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

Sincerely, LaShundra D. Thomas, Contracting Officer

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

15B51520Q00000013 Page 1 of 47

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B51520Q00000013

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

10/14/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaShundra D. Thomas ldthomas@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4529

8. OFFER DUE DATE / LOCAL

TIME

11/14/2020 15:00 CT

CODE BFAO

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD: $16,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B515CODE15. DELIVER TO

Federal Bureau of Prisons FCI Texarkana

4001 LEOPARD DRIVE (75501)

TEXARKANA, TX 75505-9500

CODE 15B51516. ADMINISTERED BY

Federal Bureau of Prisons FCI Texarkana

4001 LEOPARD DRIVE (75501)

TEXARKANA, TX 75505-9500

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B515CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Texarkana

4001 LEOPARD DRIVE (75501)

TEXARKANA, TX 75505-9500

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

To provide Mobile MRI Services - - 12305, Radiology and 31362, Truck Driver (Med) Services for FCI Texarkana for a Base Year, four 12-month Option Years and a 6 Month Option Period.

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

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

LaShundra Thomas

31c. DATE SIGNED

10/14/2020

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B51520Q00000013 Page 2 of 47

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

15B51520Q00000013 Page 3 of 47

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Schedule Continued

2.2 Statement of Work

2.3 Special Contract Conditions

3 Contract Clauses 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

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

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

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

4 List of Attachments 5 Solicitation Provisions

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications--Commercial Items (Aug 2020)

15B51520Q00000013 Page 4 of 47

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 To Provide Mobile MRI Services for FCI Texarkana, Base Year from March 1, 2021 through February 28, 2022.

Firm Fixed Price

PSC: Q999

Base Period

10 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 To Provide Mobile MRI Services for FCI Texarkana, Option Year 1 from March 1, 202 through February 28, 2023.

Firm Fixed Price

PSC: Q999

Option Period

10 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 To Provide Mobile MRI Services for FCI Texarkana, Option Year 2 from March 1, 2023 through February 28, 2024.

Firm Fixed Price

PSC: Q999

Option Period

10 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 To Provide Mobile MRI Services for FCI Texarkana, Option Year 3 from March 1, 2024 through February 28, 2025.

Firm Fixed Price

PSC: Q999

Option Period

10 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 To Provide Mobile MRI Services for FCI Texarkana, Option Year 4 from March 1, 2025 through February 28, 2026.

Firm Fixed Price

PSC: Q999

Option Period

10 SS $________ $_________________

15B51520Q00000013 Page 5 of 47

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0006 To Provide Mobile MRI Services for FCI Texarkana, 6 Month Option Period.

Firm Fixed Price

PSC: Q999

Option Period

5 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0007 Grand Total of Base Year and All Option Years (Sum of Lines 1-5)

Firm Fixed Price

PSC: Q999

1 EA $________ $_________________

2.1 Schedule Continued

Pricing Methodology Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year requirement. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

This is an existing requirement. The current incumbent is Medical Equipment Solutions, Corp. The contract number is DJBP051515000000062 and amount is $244,750.00 that expires on 11/30/20, but will be continued on a monthly basis until February 28, 2020.

2.2 Statement of Work

The Federal Correctional (FCI) Texarkana, Texas, intends to make a single award to a responsible entity for the provision of Comprehensive MRI Services as set forth in this statement of work.

Place of Performance Federal Correctional Institution 4001 Leopard Dr.

Texarkana Texas 75501

Schedule The contractor will normally conduct services at a minimum of one (time) per month with the exception of the months of November and December due to the holidays. The services/sessions length will be a maximum of eight (8) hours per visit. The sessions will normally be scheduled between the hours of 06:00 a.m. and 4:00

15B51520Q00000013 Page 6 of 47 p.m., Sunday through Saturday, excluding Federal holidays. This service is currently on Sunday only. However specific days/hours will be subject to mutual agreement between the Health Services Administrator and the contractor. The Contractor will be notified in advance of the requested dates of service, types of service, and the number of inmates of inmates to be examined. The number of inmates will be determined by the Health Services staff and will vary from session to session. Based upon previously required services, 10-15 inmate procedures will be examined. These services/sessions may be adjusted to meet the needs of the Health Services Department as determined by the health Services Administrator (HSA).

Due to nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or other security matters.

Time spent processing in and out FCI should be considered when submitting your quote.

Supplies All expendable supplies and/or contrast media will be supplied by the contractor unless otherwise agreed upon in advance with the FCI. A suitable pad, electrical power supply and for the mobile unit will be supplied by the FCI. All supplies intended for use inside the secure perimeter by the contractor will be listed on an inventory sheet and approved by the FCI in advance. If the contractor requires special equipment, the request must be submitting in writing to the HSA. Note: All medical records remain the property of the FCI (in accordance with the Privacy Act of 1974).

Scope of Service The contractor shall be responsible for:

Providing verification of credentials (education, current licensor/status of competency, continuing medical education, peer references, and acceptable findings in National Practitioners Data Bank Inquiry) and proof of malpractice insurance. The contractor is responsible for ensuring all their employees have been offered the Hepatitis B vaccine.

1. Evaluation of patients as referred by Health Services staff.

2. Performing MRI of brain.

3. Performing MRI of various internal body organs as requested by the health care providers at the FCI.

4. Performing MRI of different jobs, such as elbow, knee, hip, ankle, etc.

5. Performing MRI of cervical, thoracic, and lumbar spine in multiple views as requested by the health care providers at the FCI.

6. Providing professional interpretations and written reports.

7. Reports must be in typewritten or computerized format. Reports must be received within 72 hours of service.

8. Multiple views of one organ or joint is considered one exam.

9. The contractor will be responsible for the cost of professional interpretations of MRI’s. Normally, there will be up to ten exams per session for MRI only. However, additional MRI’s may be conducted per session.

10.MRI examinations apply to both with contrast and without contrast (dye media).

11.The contractor will be responsible for equipment transportation, delivery and set up, tractors and driver, complete maintenance/service coverage of all equipment, applications training and staffing insurance, site planning and consultation, marketing support, etc. The only expense borne by the FCI is the experience of the electrical/telephone modifications and any supply agreed upon in advance.

Method of Performance Verbal and /or written referrals will be received from Bureau of Prisons Health Services staff. The Services are professional in nature and will be commensurate with the Accreditation Association for Ambulatory Health Care. The methods utilized will meet medical practices established in the local community. These services, although not directly supervised, will be monitored by the Health Services Administrator.

15B51520Q00000013 Page 7 of 47

Institution Security The contractor agrees to adhere to all regulations prescribed by the institution policy for safety, custody, and conduct of inmates. The contractor shall attend an orientation program prior to assuming institution involvement. Failure to comply with secure rules, regulations, or procedures of the FCI may result in cancellation of this contract. All contract personnel providing services will complete a background investigation in accordance with BOP Program Statement 3000.03 Human Resources Management Manual. Additionally, requirements will be met as outlined in the solicitation/contract entitled “Contract Security/Investigation Requirements.”

Special Qualifications Requirements The contract staff must be registered and/or licensed with appropriate Boards of Medicine (i.e, ultrasound and MRI technicians, etc.) as required by the Federal Bureau of Prisons to provide requested services in the statement of work. Contractor must provide proof of accreditation from The Accreditation Association for Ambulatory Health Care (AAAHC). All MD’s must be board certified in their respective specialty.

Credentials must be provided for any physicians interpreting radiology studies. All reports need to be typed with appropriate letterhead of the radiologist and specialists reading the studies. There should be typed signature blocks. All specialists reading studies (including radiologist and/or cardiologist) must be board certified. Phone notifications are required from the radiologist and/or cardiologist for any serious abnormal reading. In addition, the personnel operating the equipment on the MRI units must be licensed.

The contractor must provide a copy of their insurance certifications, in accordance with FAR 52.237-7. All contractors must submit with their quote: a resume, photocopies of documents evidencing education and training.

Point of Contact If the contract is awarded to a company rather than an individual, then the contractor shall provide a Point of Contact (POC) who shall be responsible for delivery of services under this contract. The contractor shall designate this individual in writing to the contracting officer prior to the start date of the contract.

Inmate Management Provision of services will require frequent and unsupervised contact with inmates. The contract employees shall not be responsible for the management of inmates, other than to ensure inmates involved with the contract’s scope of work abide by all rules to ensures their safety and well-being. The contractor is to be aware of security and maintain a professional relationship with inmates at all times. Any violation of institution rules and regulations are to be brought immediately to the attention of any Government employee at the FCI.

Invoice/Payment Terms Payment shall be based on a per session rate and shall be consistent with amount of time spent conducting MRI services. No claims for payment may be made contractor for administrative or program development time. It is the contractor’s responsibility to maintain professional documentation that is in accordance with Department of Justice, Bureau of Prisons, Health Services requirements.

2.3 Special Contract Conditions

Section 2.3 Special Contract Conditions Type of Contract:

The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded in November 2020 and with an anticipated effective date of award (EDOA) of March 1, 2020.

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

15B51520Q00000013 Page 8 of 47

The resulting contract will include a base year period from March 1, 2021 through February 28, 2022 with four

(4) possible 12-month option years for renewal at the unilateral discretion of the Government along with a 6 month option period. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 52.217-8, "Option to Extend Services." Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options.

Performance:

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

Base Year – March 1, 2021 through February 28, 2022 Option Year 1 – March 1, 2022 through February 28, 2023 Option Year 2 – March 1, 2023 through February 28, 2024 Option Year 3 – March 1, 2024 through February 28, 2025 Option Year 4 – March 1, 2025 through February 28, 2026 6 Month Option Period

Point of Acceptance:

The point of acceptance destination is FCI Texarkana located at 4001 Leopard Drive, Texarkana, TX 75505.

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

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

Contracting Officer’s Representative (COR):

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

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

b) Interpreting the scope of work;

c) Technical evaluation as required;

d) Technical inspection and acceptance;

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

f) Monitoring funds available for obligation;

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

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

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

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

In accordance with, FAR 37.401, the resulting contract shall be a non-personal health care services contract, as defined in Federal Acquisition Regulations (FAR) 37.101, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, 15B51520Q00000013 Page 9 of 47 diagnosis for specific medical treatment). The contractor shall indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance.

The contractor shall maintain medical liability insurance as specified in this solicitation/contract. The contractor shall ensure that its subcontracts for provision of health care services contain the requirements of the clause at FAR 52.237-7, including the maintenance of medical liability insurance.

Medical Malpractice:

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

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

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

Quality of Patient Care/Discrimination:

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

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

Third Party Liability:

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

Reviews:

The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

Payment Terms:

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is

15B51520Q00000013 Page 10 of 47 appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

Contracting Officer Responsibility:

Authority to negotiate changes in the terms, conditions, or amounts cited in this blanket purchase agreement is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Contract Administration Office (CAO):

The Contracting Office at FCI Texarkana is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 70; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official:

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

Contract Security/Investigative Requirements:

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

Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract.

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

(1) National Crime Information Center (NCIC) check;

(2) Declaration of Federal Employment (OF-306);

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

(9) Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk);

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

By submitting a quote, the Contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual employee of the Contractor who does not pass the security clearances will be unable to perform services under the contract. The final determination and completion of the security investigation procedures will be made at the sole discretion of the FMC. All persons are advised that a urinalysis test for the detection of marijuana and other drug usage shall be performed. Any person(s) testing positive shall be disqualified from performing under the resulting contract. Any individual employed by the Contractor deemed not suitable by the Bureau of Prisons requirements will not be granted access to perform services under the contract. This is a condition of the contract. The Contractor must be in compliance with Department of Justice regulations at 8 CFR 274a regarding the employment of aliens. A copy of this directive is available upon the Contractor's request.

15B51520Q00000013 Page 11 of 47

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

Privacy Act Notification:

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

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

and research purposes supported by the BOP.

Disclosure of the appropriate medical record information without prior consent of the subject patient may be made by you to: another provider of health care treating the same patient; a federal or state agency as required by law such as the reporting of communicable diseases, births, deaths, or the commission of crimes (e.g., gunshot wounds, rape, child abuse or neglect, alcohol or drug abuse, etc.); designated fiscal intermediaries; and billing third parties for the payment of care not reimbursed by the BOP. The Contractor must forward all other requests for information to the Health Services Administrator.

Schedule of Required Insurance:

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

Worker’s Compensation & Employers Liability:

The contractor shall comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when performance period operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of a least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (FAR 28.307-2(a))

Comprehensive General Liability:

$500,000 per accident on occurrence for bodily injury. This insurance shall include contractor’s protective and liability (FAR 28.307-2(b)), and Automobile liability: (FAR 28.307-2(c)).

Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be

15B51520Q00000013 Page 12 of 47 performed, or (2) until 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer.

The Contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

Professional Medical Liability:

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

$1,000,000.

Statement of Equivalent Hires:

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

Radiologic Technologist, Code 12305 - $29.94 plus benefits and Truck Driver (Med), Code 31362 - $15.99. As stated in the contract clause, this is for informational purposes only.

Department of Labor Wage Determination:

The applicable DOL Wage Determination for this procurement has been determined to be Wage Determination No. 2015-5145, Revision No. 11 dated 06/26/2020. The current revision of the determination is attached for informational purposes.

15B51520Q00000013 Page 13 of 47

Section 3 - Contract Clauses

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Clause Title Fill-ins (if applicable)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

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

Clauses By Full Text

52.216-18 Ordering (Aug 2020)

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

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of the estimated quantities identified in the Schedule of items within the current contract year;

15B51520Q00000013 Page 14 of 47

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

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in 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.

(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 contract 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 60 days [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

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

15B51520Q00000013 Page 15 of 47

(a) The Government may extend the term of this contract by written notice to the Contractor within one day prior to the expiration of [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.

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

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

(End of clause)

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

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

This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits Radiologic Technician (12305) $29.94 (not including fringe benefits) Truck Driver - Med (31362) $15.99 (not including fringe benefits)

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.237-7 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: *1,000,000.

(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

15B51520Q00000013 Page 16 of 47 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)

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…