15B51821Q00000010_Complete Re-Solicit Pkg (beta.SAM).pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

May 21, 2021

RE: 15B51821Q00000010, Optometrist Services Federal Bureau of Prisons Federal Correctional Institution (FCC) – Oakdale, LA

Dear Offerors:

This cover letter precedes the solicitation package has been prepared by the Federal Bureau of Prisons, Federal Acquisition Office, for the acquisition of Optometrist Services. This package contains all necessary information for submitting a quote for evaluation for performing these services at FCC Oakdale, LA.

Offerors 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 June 18, 2021 at 3:00 pm Central Standard 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 Federal Bureau of Prisons Field Acquisition Office mailto:ldthomas@bop.gov http://www.aptac-us.org/ mailto:ldthomas@bop.gov

15B51821Q00000010 Page 1 of 47

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B51821Q00000010

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/21/2021

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

06/18/2021 15:00 CT

CODE 15BFA0

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 SET ASIDE: % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 621320

SIZE STANDARD: $8,000,000

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

15B518CODE15. DELIVER TO

Federal Bureau of Prisons FCI Oakdale

EAST WHATLEY ROAD

OAKDALE, LA 71463

CODE 15B51816. ADMINISTERED BY

Federal Bureau of Prisons FCI Oakdale

EAST WHATLEY ROAD

OAKDALE, LA 71463

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B518CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Oakdale

EAST WHATLEY ROAD

OAKDALE, LA 71463

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 Optometrist Services for FCC Oakdale for a Base Year and four (4) 12-month Option Years.

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

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

LaShundra Thomas

31c. DATE SIGNED

05/21/2021

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

100.00

15B51821Q00000010 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

15B51821Q00000010 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 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.228-5 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) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 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) DJAR-PGD-07-12 Maintaining Contractor 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 CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004) 52.21-603-71 Evaluation of Contractor Performance Utilizing CPARS (APR 2011) DJAR-PGD 15-03 Security of Department Information and Systems Attachment 1 DJAR-PGD-14-05 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 (Jan 2021)

4 List of Attachments 5 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Items (Jun 2020) 52.217-5 Evaluation of Options (July 1990)

5.1 Addendum to FAR 52.212-1, Instructions to Quoters - Commercial Items 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021)

15B51821Q00000010 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 Provide one (1) Optometrist Services for FCC Oakdale - - Base Year (October 1, 2021 through September 30, 2022.

Firm Fixed Price

PSC: Q512

576 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Provide one (1) Optometrist Services for FCC Oakdale - - Option Year 1 (October 1, 2022 through September 30, 2023.

Firm Fixed Price

PSC: Q512

576 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Provide one (1) Optometrist Services for FCC Oakdale - - Option Year 2 (October 1, 2023 through September 30, 2024.

Firm Fixed Price

PSC: Q512

576 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Provide one (1) Optometrist Services for FCC Oakdale - - Option Year 3 (October 1, 2024 through September 30, 2025.

Firm Fixed Price

PSC: Q512

576 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Provide one (1) Optometrist Services for FCC Oakdale - - Option Year 4 (October 1, 2025 through September 30, 2026.

Firm Fixed Price

PSC: Q512

576 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0006 Total for All Performance Periods and 6 month option period (Lines 1-5).

Firm Fixed Price

PSC: Q512

1 SS $________ $_________________

15B51821Q00000010 Page 5 of 47

2.1 Schedule Continued

Price 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 unit prices for options, depending on the quantities actually ordered and the dates when ordered.

FCC Oakdale currently has the following incumbent performing services:

This is a new requirement.

2.2 Statement of Work

Subject The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to make a single award to an individual or company of an indefinite delivery/requirements contract with firm-fixed unit prices for the provision of Optometrist Services for the Health Services Department as prescribed in the description of duties listed below to the inmate population of the Federal Correctional Complex (FCC) Oakdale, Louisiana. The Government reserves the right to award without discussion and to award as a single award.

Therefore, each initial quote should contain the quoter’s best terms from a cost or price standpoint.

Place of Performance The services will be performed at the Federal Correctional Complex (FCC), Health Services Department, 1507 East Whatley Road, Oakdale, Louisiana 71463. The FCC includes the Federal Correctional Institution I (FCI I). Federal Correctional Institution II (FCI II), and Federal Prison Camp (FPC). The employees will sign the consultant log, indicating the date of visits to the institution, the time of arrival and departure.

Description of Duties The contractor will provide one (1) optometrist that will coordinate optometric examinations and work closely with the Clinical Director, Medical Officer, and Mid-Level Practitioners of the institution in the treatment of inmate patients. The contractor shall be responsible for, but not limited to providing:

The contractor will also be responsible for providing consultation requests for invasive optometric procedures and recommendation for referral to an ophthalmologist as clinically indicated for conditions which cannot be successfully treated within an optometrist’s scope of clinical practice.

The contractor shall provide, on a non-discriminatory basis, routine refractions, eye examinations, and tonometry examinations. He/she will provide documentation in the Bureau’s Electronic Medical Record (BEMR) system on all inmates examined, prescribe and make adjustments on eye wear, and will provide referral services to the Clinical Director or Medical Officer for eye pathologies requiring ophthalmologist services. The contractor will not be responsible for prescribing medications to inmate patients. In case of an eye emergency, the contractor will be available and required to see the inmate patient either at the institution or at their office for the examination.

The contractor will be responsible for providing education for vision care and record keeping required by OSHA’s Bloodborne Pathogen and Tuberculosis Standards.

The contractor will be responsible for maintaining competency assessments, employee performance appraisals, and training records, and make them available to the Contracting Officer’s Representative (COR) if necessary. The contractor will provide scheduling services for the optometrist and provide FCC Oakdale with a monthly work schedule. This work schedule will be received by the FCC Oakdale at least seven days prior to the commencement of the month to be worked.

The optometrist will provide consultation, urgent, and emergency care as needed. Response to all urgent/emergency care must be immediate. FCC Oakdale clinical staff or others will accompany the contract optometrist to all emergency locations in order to access entry into locked buildings, special housing units, and etc.

The optometrist are responsible for providing vision services for acute and chronic medical problems among the general population inmates, as well as those in the Special Management Unit and Special Housing Units. Services will include evaluating and treating inmates requiring emergency vision care, performing comprehensive history and fundoscopic examinations, and providing clinical vision guidance to physicians, mid-level providers, nurses, and EMTs. Detailed medical record documentation must be maintained and deficiencies must be corrected in a timely manner.

15B51821Q00000010 Page 6 of 47

Other specific duties may involve all aspects of vision health care delivery which will be performed in accordance with currently accepted medical practices and procedures. The optometrist will complete all data collection instruments and medical records as required and in accordance to medical staff bylaws and Bureau of Prison policy Health Requirements The Contractor shall provide one (1) optometrist whom are free of communicable diseases. Any individuals who subsequently develops a medical condition which might reasonably be expected to place other worker, inmates, or the public at risk shall be immediately removed from affected activities. In any such case, the Contractor shall be responsible, at no additional cost to the institution, for securing the services of any replacement personnel required to perform this contract.

The contract employees may be required to submit to testing for/or provide evidence acceptable to the medical officer or his/ her designee of recent testing for tuberculosis of other communicable diseases. Failure to submit to testing for or providing acceptable evidence of recent testing for or immunity to selected communicable diseases shall be grounds for denying access to inmates. The contract employees shall immediately inform, in writing to the Health Services Administrator or Assistant Health Services Administrator any adverse action taken by any regulatory body involving certification. This includes, but is not limited to, suspensions, revocations, restrictions on licensure as an Optometrist.

Schedule The work schedule will normally consist of 48 sessions a month. The sessions will occur Monday through Friday between the hours of 7:30 a.m. and 4:00 p.m., excluding Federal Holidays. Each daily schedule will include a 30-minute unpaid lunch break. One

(1) session is defined as one (1) hour in length. These hours may be adjusted to meet the variable needs of FCC Oakdale and the unpredictable nature of the correctional environment. The contractor shall normally not exceed 48 hours per month. The number of visits to the institution to perform the required services will be an estimated 6-10 times monthly. The contractor should normally evaluate an estimated 20 to 35 patients per visit depending on the length of the visit etc. Specific dates and times of sessions will be determined mutually between the contractor and the Government. Due to the nature of the correctional setting, delays in performance of work may be expected. Such delays may include, but are not limited to inclement weather, electrical or mechanical problems, or other security matters. When a contractor reports to the institution, but is unable to perform services due to such delays, the contractor will be paid for two (2) sessions. Normally, any remaining sessions for that day will be suspended and the contractor will be free to leave and the contractor will not be paid for the remaining unperformed sessions. However, if the institution requests that the contractor remain at the institution for eventual performance, the contractor will be paid for such sessions. In the event of any absence, the contractor will provide replacement coverage. Partial sessions are not authorized. Any changes to this schedule shall be coordinated through the COR, Clinical Director, Medical Officer, Mid-Level Practitioner, Health Services Administrator, Assistant Health Services Administrator, and the Contracting Officer, and will normally not exceed 48 sessions/hours per month.

Supplies/Equipment In recognition of institution security concerns, the supplies and equipment that the contractor may require while at the institution in the performance of the contract will be furnished by and remains the property of the Government. These supplies will normally include any materials needed to perform the services covered under this contract (i.e., gowns, gloves, surgical masks, safety glasses and personal protective equipment). If the contractors require special equipment or supplies, a written request may be submitted for consideration by the Health Services Administrator. The contractor will be required to notify the Health Services Administrator of material and supply needs sufficiently in advance to ensure adequate levels are maintained. Additionally, the Government will furnish all required Government forms to be used in the performance of services. All records maintained by the contractor under this contract will remain the property of the institution.

Uniform Requirements The contractor must wear appropriate and professional attire at all times per BOP Standards. The contractor is responsible for providing his/her own smocks, laboratory coats, and surgical scrubs and must be consistent with those worn in the local community.

The contractor is prohibited from wearing Khaki or any color similar to Khaki due to Khaki being the primary color worn by inmates.

The contractor is prohibited from wearing light colored smocks, scrubs, laboratory coats, and surgical scrubs so no under garments could be inadvertently revealed.

Qualifications and Certifications The contractor will provide FCC Oakdale, with one (1) optometrist who possesses a current and valid optometric license/certification to practice optometry in the United States. The optometrist must possess a current ACLS certification. The contractor must provide verification of credentials (education, current licensor/status competency, continuing medical education), and proof of malpractice insurance, as per applicable AAAHC standards. The Contractor must also be certified in Cardio-Pulmonary Resuscitation in accordance with the American Red Cross or American Heart Association and provide a copy of his/her certification. The individual must have experience with medical equipment.

Failure to submit evidentiary documentation of education, qualifications, and licenses/certifications, or the name of a qualified candidate who will perform these services may result in elimination from consideration for award. The individual performing these services must be able to pass a drug screening and law enforcement agency background check and carry the required liability insurance as stated in the solicitation.

Insurance

15B51821Q00000010 Page 7 of 47

As required by FAR 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:

Professional Medical Liability: See FAR 52.237-7 Worker's Compensation & Employees Liability: $100,000. The required workers compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

Comprehensive General Liability: $500,000 per accident or occurrence for bodily injury. This insurance shall include Contractor's protective and liability.

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.

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

If the contractor or physician who are 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 CM 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 contract employees, regardless of the final judicial decision, the physician may lose his/her privileges to practice at the BOP.

Physical Demands The physical demands of this service are sedentary in nature, however, walking, standing, and sitting are required to accomplish the assigned duties. Occasionally the contract provider will be required to lift boxes and equipment.

Method of Performance The contractor will be responsible for receiving patients and explaining procedures to alleviate undue anxiety, submitting reports and evaluations as requested. The contractor will be responsible for following directives and comply with Bureau of Prison’s Health Services Manual, FCC Oakdale institutional mandates and the Health Service Unit’s policies in the management of all patient encounters. Patients shall be accorded impartial access to treatment or accommodations that are available or medically indicated, regardless of race, creed, sex, national origin, or religion. Staffing shall be commensurate with the expected needs of the patients and within the scope of services offered. The contractor shall NOT provide information to the inmates(s). If the situation arises where inmate(s) are required to be provided information, the Clinical Director, Medical Officer, Health Services Administrator, or Assistant Health Services Administrator shall provide any information the inmate(s) are to receive. The contractor are required to maintain an open line of communication with the Clinical Director, Medical Officer, Health Services Administrator, and Assistant Health Services Administrator. The services to be provided are professional in nature, and will be commensurate with Accreditation Association for Ambulatory health Care (AAAHC) standards of Care. The methods utilized will meet medical practices established in the local community. These services, although not directly supervised, will be reviewed periodically be a physician or staff at FCC Oakdale.

The performance of these services will be monitored by the COR. The Clinical Director, Medical Officer, and/or Bureau of Prisons (BOP) Physician(s) will retain professional responsibility for all patients referred to medical.

Patient Management Patients shall be accorded impartial access to treatment or accommodations that are available or medically indicated, regardless of race, creed, sex, national origin or religion. Services provided under the sponsorship of the contractor shall be departments/services of the medical or dental department. The contractor shall not provide information to the inmate(s). If the situation arises, where inmate(s) are required to be provided information, the Clinical Director, Medical Officer, or Mid-Level Practitioner shall provide any information the inmate(s) are to receive. The contractor is required to maintain an open line of communication with the Clinical Director, Medical Officer, and Mid-Level Practitioner. The Clinical Director, Medical Officer, Mid-Level Practitioner and/or Bureau of Prison’s (BOP) Physician(s) will retain professional responsibility for all patients referred to medical.

Inmate Management The provision of services under this proposed contract will require frequent and supervised contact with inmates. The Contractor will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the Contractor’s scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants. The Contractor shall attend Institution Familiarization Orientation training prior to assuming institution involvement. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training at the contract rate, will be prorated, hourly. The contractor may, at any time, be removed from the institution at the discretion of the CEO. The contractor is to be aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed at FCC Oakdale. The Contractor will report any infractions of rules and regulations by any inmate to the Clinical Director, Medical Officer, Mid-Level Practitioner, COR, Health Services Administrator, Assistant Health Services Administrator, or an appropriate Government employee.

Institutional Security

15B51821Q00000010 Page 8 of 47

The contractor/contract employees shall agree to all regulation prescribed by the FCC for the safety, custody, and conduct of inmates.

The contract employees will be required to operate a system of records as identified for medical treatment documentation, and will require adherence to the Privacy Act of 1974. The contract employees will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn at all times for proper identification. The contract employees shall attend an orientation program prior to assuming duties at the FCC. The contractors may, at any time, be removed from the institution at the discretion of the CEO for any reason.

Restrictions on Contract Workers The Contractor shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisitions, sign for, or pickup supplies, formulate policy or procedures, or attend meetings, recalls, or staff functions.

Payment of Services The contractor must provide a means for electronic payment to include bank routing and account number. Payment terms as specified in FAR 52.212-4(g), the due date for making an invoice payment by the designated payment office shall be the 30th day after the designated billing office has received a proper invoice, or the government accepts the services performed by the contractors. The contractor can however offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation. Half sessions will not be authorized for payment. If the resulting contract is made to an individual(s), the provision of these services has been determined to meet certain criteria for creating common law employee relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65%) and the withholding of the individual’s taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not apply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65% will be added to the price submitted by individuals who are not incorporated. In order to ensure proper preparation of their bi-weekly payment voucher, all hours worked must be documented by the contractors, showing the hours worked during each visit. Documentation will be provided on a "Log of Consultants Visit" form with each entry being signed by each Contractor.

Miscellaneous Information In accordance with the Federal Bureau of Prisons Acquisition Policy, Part 37.103(e), the following provisions are applicable to the work being performed in the contract: The service is a contractual arrangement and not a personnel appointment; payment is based on the provision of an end product or the accomplishment of a specific result; the services provided do not constitute an employee/ employer relationship; and the contractors will not be subject to Government supervision, except for security related matters.

However, the contractors’ performance shall be closely monitored. This position is a contract position only and does not provide fringe benefits such as Health Care, Retirement, Vacation or Sick Time.

The resulting contract shall be a non-personal health care services contract, as defined in Federal Acquisition Regulations (FAR) 37.101, under which the contractors are independent contractors. 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, diagnosis for specific medical treatment). The contractors shall indemnify the Government for any liability producing act or omission by the contractors, its employees and agents occurring during contract performance. The contractors shall maintain medical liability insurance as specified in this solicitation/contract. The contractors 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.

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 June 2021 and with an anticipated effective date of award (EDOA) of October 1, 2021. On or about the EDOA, FCC Oakdale 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.

The resulting contract will include a base year period from October 1, 2021 through September 30, 2022 with four (4) possible 12-month option years for renewal at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 52.217-8, "Option to Extend Services." Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options.

Performance:

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

Base Year – October 1, 2021 through September 30, 2022 Option Year 1 – October 1, 2022 through September 30, 2023 Option Year 2 – October 1, 2023 through September 30, 2024 Option Year 3 – October 1, 2024 through September 30, 2025

15B51821Q00000010 Page 9 of 47

Option Year 4 – October 1, 2025 through September 30, 2026

Point of Acceptance:

The point of acceptance destination is FCC Oakdale located at 1507 East Whatley Road, Oakdale, Louisiana 71463.

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:

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

2. b) Interpreting the scope of work;

3. c) Technical evaluation as required;

4. d) Technical inspection and acceptance;

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

6. f) Monitoring funds available for obligation;

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

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

9. 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 Physician 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, 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.

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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 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 FCC Oakdale 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 71; 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 FCC Oakdale 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 March 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 FCC is responsible for conducting the appropriate vouchering, law enforcement checks, and ensuring that fingerprinting is completed on all Contractor staff that may need access inside the 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);

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(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.

In addition, each Contractor employee must attend an orientation program at the institution. The purpose of this program is to familiarize Contractor employees with FCC operations, the institution, and general rules of 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 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

15B51821Q00000010 Page 12 of 47 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:

N/A Department of Labor Wage Determination:

N/A

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018)

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)

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.228-5 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 __________ through __________ [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…