15BDUB20Q00000003_Complete Solicit Pkg.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

February 6, 2020

RE: 15BDUB20Q00000003, Optometrist Services Federal Bureau of Prisons Federal Correctional Institution (FCI) – Dublin, CA

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 FCI Dublin, CA.

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 March 6, 2020 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

15BDUB20Q00000003 Page 1 of 50

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15BDUB20Q00000003

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/06/2020

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

03/06/2020 15:00:00

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 X UNRESTRICTED OR SET ASIDE: % FOR

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

15BDUBCODE15. DELIVER TO

Federal Bureau of Prisons FCI Dublin

5701 8TH STREET

CAMP PARKS

DUBLIN, CA 94568

CODE 15BDUB16. ADMINISTERED BY

Federal Bureau of Prisons FCI Dublin

5701 8TH STREET

CAMP PARKS

DUBLIN, CA 94568

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15BDUBCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Dublin

5701 8TH STREET

CAMP PARKS

DUBLIN, CA 94568

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 FCI Dublin for a Base Year and four (4) 12-month Option Years with 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

02/06/2020

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

0024-20

15BDUB20Q00000003 Page 2 of 50

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

15BDUB20Q00000003 Page 3 of 50

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 (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 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)

4 List of Attachments 5 Solicitation Provisions

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jan 2020)

5.1 Addendum to FAR 52.212-1, Instructions to Quoters - Commercial Items (Jan 2017) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications--Commercial Items (Dec 2019)

15BDUB20Q00000003 Page 4 of 50

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE FEES AMOUNT

0001 Firm Fixed Price

Optometrist Services for the inmate population at FCI Dublin, Base Year: May 1, 2020 through April 30, 2021.

PSC: Q512

728.000000 SS $___________ $_________ $___________

0002 Firm Fixed Price

Optometrist Services for the inmate population at FCI Dublin, Option Year 1: May 1, 2021 through April 30, 2022.

PSC: Q512

728.000000 SS $___________ $_________ $___________

0003 Firm Fixed Price

Optometrist Services for the inmate population at FCI Dublin, Option Year 2: May 1, 2022 through April 30, 2023.

PSC: Q512

728.000000 SS $___________ $_________ $___________

0004 Firm Fixed Price

Optometrist Services for the inmate population at FCI Dublin, Option Year 3: May 1, 2023 through April 30, 2024.

PSC: Q512

728.000000 SS $___________ $_________ $___________

0005 Firm Fixed Price

Optometrist Services for the inmate population at FCI Dublin, Option Year 4: May 1, 2024 through April 30, 2025.

PSC: Q512

728.000000 SS $___________ $_________ $___________

0006 Firm Fixed Price

Optometrist Services for the inmate population at FCI Dublin, 6 month option period

PSC: Q512

364.000000 SS $___________ $_________ $___________

0007 Firm Fixed Price

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

PSC: Q512

1.000000 SS $___________ $_________ $___________

2.1 Schedule Continued

Please complete the above information when preparing your quote for this requirement. Any resulting contract will be a firm-fixed price contract. As such, quantities listed are estimates only and are not a representation to a quoter or contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal (FAR 16.503(a)(1)).

Optometrist Services will be performed in the Health Service Department at FCI Dublin. The Contractor shall adhere to all standards and regulations associated with the Accreditation Association for Ambulatory Health Care (AAAHC), American Correctional Association (ACA) Core Standards for Adult Correctional Institutions, all Bureau Policy, Clinical Practice Guidelines and Local Policy and Procedures. Contract pricing shall be based on per session rate and a session is one (1) hour in duration. There will be an estimated 60 sessions per month, or 720 sessions per year. The number of patients examined per session is subject to vary depending on the needs of the institution. The clinic visits shall be conducted between the hours of 6:00 am to 2:00 pm (PST), Monday through

15BDUB20Q00000003 Page 5 of 50

Friday, excluding Federal holidays. The Contractor will be entitled to a 30 minute non-paid lunch per day. The Contractor will provide a temporary replacement Optometrist during his/her annual vacation schedule. A mutually agreed upon schedule will be determined following award of the contract. All sessions, which will include full and partial days, will be mutually agreed upon by both parties. The Optometrist shall possess a current license and must be eligible for board certification in their chosen field of expertise that permits him/her to practice and perform Optometry Services in any state in the United States for the duration of the contract. The Contractor must have obtained a graduate degree from an accredited University, with a degree in Optometry.

All of the following is to be submitted with your quote: a resume, CPR certification, a copy of completed National Practitioner Data Bank Query with letter of explanation for any malpractice cases, copy of education primary source verified, copy of post graduate training primary source verified, copy of residency training primary source verified, a copy of board certification primary source verified and a copy of licensure primary source verified, two letters of references, signed release of information, as well as a copy of continuing education for last 3 years. The contractor shall possess the necessary skills, abilities, and credentials to perform professional Optometrist services. He/she must be a graduate of an accredited university, with a degree in Optometry and must be eligible for Board Certification with a license to practice in any state within the US. He/she must provide proof in current skills as an Optometrist. Contractor must be able to provide up to an estimated 14 hours per week (estimates to 672 hours per year), as needed, beginning the effective date of award (EDOA). There will be an estimated (25) twenty-five inmate patients per clinic. The scheduled days and hours will be mutually agreed upon by the Federal Government and the contractor. More details will be provided in the forthcoming solicitation. The GSA Ebuy SIN Codes are 621-012. See the Statement of Work for more details regarding responsibilities and such.

NOTE: Award shall be made to the responsive/responsible quoter submitting the lowest TOTAL OFFERED AMOUNT. Rate of remuneration will be based on a session rate. This price will include all overhead, profit, administrative costs, etc., being charged by the Contractor. One session equals 1 hour.

Price Methodology The contract rates for the Physician Services shall be on a per session basis. The contract rates shall include all charges. Services are required to be provided in accordance with the Statement of Work of this solicitation. Quoters are required to submit a completed copy of the requested quote forms, as prescribed in Section 5.1, which is inclusive of the all performance periods. Quotes shall be evaluated for award solely on price.

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 performance periods. 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.

2.2 Statement of Work

INTRODUCTION:

The Federal Bureau of Prisons intends to make a single award of an indefinite delivery/requirements type contract with firm fixed unit prices to a responsible entity for the provision of Optometry Services as prescribed in the description of duties listed below for federal inmates at Federal Correctional Institution (FCI) Dublin and Satellite Prison Camp (SPC) located in Dublin, California. The FCI/SPC Dublin houses female incarcerated inmates. Faith-Based and Community-Based Organizations have the right to submit quotes equally with other organizations for contracts for which they are eligible.

All duties shall be performed in accordance with standards and methods generally accepted within the field of Optometry Services, and compliance with all Federal and State policy and regulations. The Contractor shall adhere to all standards and regulations associated with the Accreditation Association for Ambulatory Health Care (AAAHC), American Correctional Association (ACA) Core Standards for Adult Correctional Institutions, all Bureau Policy, Clinical Practice Guidelines and Local Policy and Procedures.

The Contractor’s performance shall be monitored by the Contracting Officers Representative (COR). The Contractor must have the ability to work with an inmate population form a variety of cultural, regional, racial and ethnic backgrounds.

PLACE OF PERFORMANCE:

The Contractor shall perform all services at FCI/SPC Dublin, Health Services Department, 5701 8th Street Camp-Park, Dublin, CA 94568.

SCHEDULE:

Optometry Services are required to be provided by the Contractor in accordance with the Statement of Work (SOW). Contract pricing shall be based on per session rate and a session is one (1) hour in duration. There will be an estimated 60 sessions per month, or 728 sessions per year. The number of patients examined per session is subject to vary depending on the needs of the institution. The clinic visits shall be conducted between the hours of 6:00 am to 2:00 pm (PST), Monday through Friday, excluding Federal holidays.

15BDUB20Q00000003 Page 6 of 50

The Contractor will be entitled to a 30 minute non-paid lunch per day. The Contractor will provide a temporary replacement Optometrist during his/her annual vacation schedule. A mutually agreed upon schedule will be determined following award of the contract. All sessions, which will include full and partial days, will be mutually agreed upon by both parties. The schedule is subject to some variation as the needs of institution vary. A schedule that is mutually acceptable to the Government and the Contractor can be determined after the award of the contract.

Contract award is to begin on a date mutually acceptable to the Government and the Contractor (pending availability of funds).

Should funds not be immediately available, contract award for the fiscal year will be postponed until such time as funds become available.

SCOPE OF WORK:

In accordance with FAR 37.401, services provided are for non-personal health care services, as defined in Federal Acquisition Regulations (FAR), Par 37.101, under which the company is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical and professional aspects of services rendered. The contractor is required to indemnify the Government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance.

The Contractor shall provide professional services, consultation, recommendations and expertise in the field of Optometry to include routine refractions, eye examinations and tonometry examinations. The Contractor shall make recommendations for the diagnosis and treatment of Ophthalmic conditions which may include referral services to the Clinical Director for eye pathologies.

Emergency consultations shall also be performed by the contractor when deemed necessary for both on-site and off-site examinations.

Medications prescribed must be limited to the FCI/SPC local pharmaceutical formulary. The Contractor will implement the indicated treatment as an accredited Optometrist which is consistent with education, experience and expertise. The Contractor will render services as an Optometrist with continuing patient management being the responsibility of the Clinical Director of the facility.

The Contractor shall be knowledgeable of all infection control techniques and be able to apply them. The Contractor must have workable knowledge in the use of computers and software applications. The Federal Bureau of Prisons documents all patient encounters utilizing the Bureau Electronic Medical Record (BEMR). Use of BEMR knowledge is preferred, but not required as part of selection. On-the-job BEMR training will be provided. The Contractor will be expected to document all patient encounters in the patient’s electronic medical record, to include scheduling follow-up visits and making referrals to other health services areas.

Due to the 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, fog, or other security matters. When contract employees report to the institution but are unable to perform services due to such delays, the contractor will be paid for up to a maximum of two 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 shall be paid for such sessions.

SUPPLIES:

All necessary supplies, equipment, and materials that the contractor may routinely need will be provided by the Health Services Department at the institution. If specific supplies and/or equipment are necessary for the Contractor to provide the required services, he/she shall forward their request to the Health Services Administrator. The Contractor will be expected to account for all materials and supplies placed under his/her supervision.

The Contractor will be authorized to use all clinical areas at the FCI/SCP available to staff. The Contractor shall share the use of the clinical exam rooms for examinations, completion of required documentation and the review of test results.

ACADEMIC EXPERIENCE AND/OR SPECIAL QUALIFICATIONS REQUIRED:

The Contractor shall provide an Optometrist who has a current license and must be eligible for board certification in their chosen field of expertise that permits him/her to practice and to perform Optometry Services in any state in the United States for the duration of the contract. The Contractor must have obtained a graduate degree from an accredited University, with a degree in Optometry.

All of the following is to be submitted with your quote: a resume, CPR certification, a copy of completed National Practitioner Data Bank Query with letter of explanation for any malpractice cases, copy of education primary source verified, copy of post graduate training primary source verified, copy of residency training primary source verified, a copy of board certification primary source verified and a copy of licensure primary source verified, two letters of reference, signed release of information, copy of continuing education for last 3 years for a contractor’s employee shall be submitted with the offerror’s quote. Failure to do so may cause your quote to be rejected.

METHOD OF PERFORMANCE:

15BDUB20Q00000003 Page 7 of 50

The Contractor will be required to provide all health care services mentioned above in a manner consistent with community standards, utilizing the principal of professional practice and ethical conduct, in an efficient and economic manner. These services, although not directly supervised, will be reviewed by members of the medical staff at the FCI. The Contractor will cooperate in maintaining appropriate medical records for all services performed on federal inmate patients.

The Contractor shall provide a point of contact individual whom shall be responsible for the performance of work. The point of contact shall have full authority to act for the contractor on all contract matters relating to the daily operation of this contract. The Contractor shall designate this individual, in writing, to the Contracting Officer before the contract start date. Any alternate may be designated, but the contractor shall identify those times when the alternate shall be the primary point of contact.

It is preferred the Contractor send centralized billings on a monthly basis for all services provided during the previous 30 days.

Invoices are to be sent 18a of the SF 1449.

MEDICAL RECORDS:

The Contractor will participate in maintaining appropriate documentation of services performed on federal inmate patients. It is understood that upon request, the contractor will have access to the Bureau of Prisons medical records of federal inmates for whom the contractor has provided service. In accordance with Federal Acquisition Regulations 52.224-1, Privacy Act Notification, and 52.224-2, Privacy Act.

PRESCRIPTION REQUIREMENTS:

Contractor shall recommend pharmaceutical prescription drugs that are listed in the approved Bureau of Prisons Formulary. The Clinical Director must directly review any requests for exemption from this policy and will authorize as warranted.

INMATE REFERRALS:

All referrals resulting from Contractor examinations shall be the sole responsibility and decision of the Clinical Director and/or designee. For inmates that are referred to contract hospitals, the procedure will be as follows:

1. The Contract Optometrist recommends admission to the Clinical Director and/or designee.

2. The Clinical Director reviews all associated documentation to include the referral request and decides the course of action. If admission is necessary, the Health Services Administrator (HSA) and/or designee will make all arrangements, to include the transportation of the inmate.

The FCI reserves the right to suspend, limit, or revoke physician privileges at our facility in accordance with BOP Health Services Manual and/or due to violations of BOP security procedures.

INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE:

The Contractor shall provide and maintain adequate liability insurance and general liability insurance coverage consistent with the risk associated with the performance of this contract. The specific dollar amount shall be in accordance with the Federal Acquisition Regulation 52-237.7, Indemnification and Medical Liability Insurance.

HEALTH REQUIREMENTS:

At a minimum, the Contractor shall ensure that the Optometrist is free of infectious diseases (such as active tuberculosis and viral hepatitis), physical defects or medical conditions which might reasonably be expected to place other workers, patients or the public at risk. Any individual performing under this contract who subsequently develops a medical condition which might reasonably be expected to place other workers, patients or the public at risk shall be immediately removed from activities requiring performance of invasive procedures and activities which might reasonably be expected to place other workers, patients or the public at risk. In any such case, the Contractor shall be responsible, at no additional cost to the institution, for securing the services of any replacement personnel to perform this contract.

As a condition of this contract, all Contractor employees who will have patient contact or exposure to biological and pathological specimens shall be immunized against, be granted an immunization waiver, or have documented proof of immunity to rubeola, rubella, mumps, polio, and hepatitis B.

INMATE MANAGEMENT:

Provisions of services under this contract will require frequent and unsupervised contact with inmates. The Contractor will not be responsible for the management of inmates other than to ensure that those inmates involved in activities within the Contractor’s scope of work shall abide by all rules in effect to ensure their safety and well-being. Any infraction to the rules and regulations on the part of an inmate will be reported to a Health Services staff member, Correctional Supervisor, or HSA and/or designee.

INSTITUTION SECURITY:

15BDUB20Q00000003 Page 8 of 50

The Contractor agrees to adhere to all regulations prescribed by the institution for safety, custody, and conduct of the inmates.

The Contractor shall attend a four hour orientation training program provided at the institution within 3 months of employment.

Reimbursement to the Contractor for the time spent on institution security orientation or other periodic security related training will be at the contract rate, prorated hourly. Re-fresher security training is required annually. The following investigative procedures will be applied and appropriate forms completed before the contract is awarded:

(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.

A urinalysis test is required for detection of marijuana and other drug usage before the contract is awarded. If the proposed contract is with a company and the individual assigned to perform the work test(s) positive, the individual shall be excluded from performing the contract and the Contractor shall provide acceptable replacement personnel subject to the same security requirements. If the proposed contract is with an individual, the contract award may not be made until a negative test is received.

The Contractor must be in compliance with Department of Justice regulation at 8 CFR 274a regarding the employment of aliens. A copy of this directive is available upon the Contractor’s request.

NON-PERSONAL SERVICES STATUS:

Award of this contract will result in a contractual arrangement and not a personal appointment. Payment is based on the provision of an end product or accomplishment of a specific result. This service does not constitute an employer/employee relationship. The Contractor will not be subject to Government supervision, except for security related matters; however, the Contractor’s performance will be closely monitored.

CONTRACTING OFFICERS REPRESENTATIVEING:

The Contractors performance shall be monitored by the Health Services Administrator and/or designee on a routine basis. Ultimate award will result in a non-personal health care contract, as defined in FAR 37.101, under which the Contractor is an independent contractor. This shall be a contractual agreement only and shall not be construed as a personnel appointment with the Bureau of Prisons. Payment to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task.

Results are obtained within the Contractor’s own unsupervised determination. The Contractor will not be subject to government supervision. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical and professional aspects of services rendered.

CONTRACTOR RESTRICTIONS:

The Contractor will not:

1. Supervise BOP staff

2. Participate in inmate accountability

3. Requisition, sign for, or pick up supplies

4. Formulate policies or procedures

5. Attend recalls or staff functions

6. Be a member of the Employee’s Club

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 Date of Award resulting from this solicitation will be made approximately in March 2020 with an Effective Date of Award (EDOA) of May 1, 2020. The contractor shall commence full performance of services on the EDOA. Therefore, all background clearances shall be completed prior to the EDOA.

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Any resulting contract will include a base year from May 1, 2020 through April 30, 2021 with four (4) possible 12-month option years for renewal at the unilateral discretion of the Government with a six (6) month option period. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 52.217-9, "Option to Extend the Term of the Contract” and 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: May 1, 2020 through April 30, 2021 Option Year 1: May 1, 2021 through April 30, 2022 Option Year 2: May 1, 2022 through April 30, 2023 Option Year 3: May 1, 2023 through April 30, 2024 Option Year 4: May 1, 2024 through April 30, 2025 6 Month Optional Period

Point of Acceptance:

The point of acceptance destination is FCI Dublin.

NON-PERSONAL SERVICES STATUS:

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.

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.

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 services rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the Bureau of Prisons.

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. The provider shall furnish medical information including a narrative summary when requested by the Contracting Officer or designee. Adequate records shall be maintained to reflect accuracy with respect to claims submission as other delegated representatives of the BOP.

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 contractor. 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. The BOP reserves the right to require an independent audit of any invoice or bill.

CONTRACT ADMINISTRATION

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CONTRACTING OFFICER’S RESPONSIBILITY:

Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer. In accordance with FAR 42.202 and 42.302, the Contracting Office as stated in block 16 of the SF1449, is assigned to be the Contract Administration Office (CAO) for this contract. This assignment carries with it the authority to perform all normal contract administration functions 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 PROCEDURES:

Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCI Pekin 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 SF-1449 will be the form used for task orders.

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 period of performance;

f) Monitoring funds available for obligation;

g) Ensuring that contract calls 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 period of performance.

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 period 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 performance period 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. If the resulting contract is to be awarded to an individual, all clearance procedures shall be applied prior to award. Individuals who do not pass the security clearance will not be awarded a contract. The final determination and completion of the security investigation procedures will be made at the sole discretion of the FCI. 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.

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In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded and the Contractor shall provide acceptable replacement personnel subject to the same security requirements. Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

SCHEDULE OF REQUIRED INSURANCE:

As required by FAR clauses 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

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.

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 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 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.

CONTRACTOR TRAINING AND COURTESY PRIVILEGES:

Contractor training and courtesy privileges may be extended to BOP medical staff and will be limited to care and treatment of Federal inmates to ensure continuity of care.

QUALITY OF PATIENT CARE/NON-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

15BDUB20Q00000003 Page 12 of 50 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".

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.

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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)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Aug 2019)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017)

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)

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

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 (Oct 1995)

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

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one each [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of the estimated quantities in the Schedule of Items within the current performance period [insert dollar figure or quantity];

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

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