15BFA022Q00000098_Complete Solicit Pkg.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

November 14, 2022

RE: 15BFA022Q00000098, Liquid Oxygen Equipment & Services

Federal Correctional Complex (FCC) – Butner, NC

Dear Quoters:

This cover letter precedes the solicitation package that has been prepared by the Federal Bureau of Prisons, Federal Acquisition Office, for the acquisition of Liquid Oxygen Equipment & Services. This package contains all necessary information for submitting a quote for evaluation for performing these services at FCC Butner, NC.

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

All quotes must be received on or before December 12, 2022 at 4:00 pm Central Time. Please email all required documents for quotes to ldthomas@bop.gov.

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

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

Sincerely, LaShundra D. Thomas, Contract Specialist

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

15BFA022Q00000098 Page 1 of 51

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

15B10622PR000319

PAGE 1 OF

5. SOLICITATION NUMBER

15BFA022Q00000098

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

11/14/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaShundra Thomas ldthomas@bop.gov

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

12/12/2022 16:00 CT

CODE BFAO

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

9. ISSUED BY 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: 325120

SIZE STANDARD: 1000

Employees

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

CODE15. DELIVER TO

SEE SCHEDULE

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

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

Provide FCC Butner. with eighteen (18) liquid oxygen reservoirs and weekly delivery/refill of liquid oxygen for portable oxygen units as well as maintenance in accordance with the Statement of Work.

Firm Fixed Price

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X 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

11/14/2022

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15BFA022Q00000098 Page 2 of 51

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

15BFA022Q00000098 Page 3 of 51

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work

2.3 Special Contract Conditions

3 Contract Clauses 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) 52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

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

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

2004)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021); (Alt. I) -- Classified Information -- Cleared Contractors 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2022)

4 List of Attachments 5 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) 52.217-5 Evaluation of Options (July 1990)

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2022) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

15BFA022Q00000098 Page 4 of 51

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 RENTAL OF EIGHTEEN LIQUID OXYGEN RESERVOIRS FOR

FCC BUTNER - BASE YEAR: DEC 1, 2022 THRU NOV 30, 2023

PSC: 6830

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 PROVISION OF LIQUID OXYGEN FOR FCC BUTNER - BASE

YEAR: DEC 1, 2022 THRU NOV 30, 2023

PSC: 6830

37,406.25 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 TOTAL FOR BASE YEAR (SUM OF LINE ITEMS 1 & 2)

PSC: 6830

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 RENTAL OF EIGHTEEN LIQUID OXYGEN RESERVOIRS FOR

FCC BUTNER - OPTION YEAR 1: DEC 1, 2023 THRU NOV 30,

PSC: 6830

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 PROVISION OF LIQUID OXYGEN FOR FCC BUTNER - OPTION

YEAR 1: DEC 1, 2023 THRU NOV 30, 2024

PSC: 6830

37,406.25 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 TOTAL FOR OPTION YEAR 1 (SUM OF LINE ITEMS 4 & 5)

PSC: 6830

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 RENTAL OF EIGHTEEN LIQUID OXYGEN RESERVOIRS FOR

FCC BUTNER - OPTION YEAR 2: DEC 1, 2024 THRU NOV 30,

PSC: 6830

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 PROVISION OF LIQUID OXYGEN FOR FCC BUTNER - OPTION

YEAR 2: DEC 1, 2024 THRU NOV 30, 2025

PSC: 6830

37,406.25 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 TOTAL FOR OPTION YEAR 2 (SUM OF LINE ITEMS 7 & 8)

PSC: 6830

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15BFA022Q00000098 Page 5 of 51

0010 RENTAL OF EIGHTEEN LIQUID OXYGEN RESERVOIRS FOR

FCC BUTNER - OPTION YEAR 3: DEC 1, 2025 THRU NOV 30,

PSC: 6830

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 PROVISION OF LIQUID OXYGEN FOR FCC BUTNER - OPTION

YEAR 3: DEC 1, 2025 THRU NOV 30, 2026

PSC: 6830

37,406.25 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 TOTAL FOR OPTION YEAR 1 (SUM OF LINE ITEMS 10 & 11)

PSC: 6830

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 RENTAL OF EIGHTEEN LIQUID OXYGEN RESERVOIRS FOR

FCC BUTNER - OPTION YEAR 4: DEC 1, 2026 THRU NOV 30,

PSC: 6830

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 PROVISION OF LIQUID OXYGEN FOR FCC BUTNER - OPTION

YEAR 4: DEC 1, 2026 THRU NOV 30, 2027

PSC: 6830

37,406.25 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 TOTAL FOR OPTION YEAR 4 (SUM OF LINE ITEMS 13 & 14)

PSC: 6830

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 RENTAL OF EIGHTEEN LIQUID OXYGEN RESERVOIRS FOR

FCC BUTNER - 6 MONTH OPTION

PSC: 6830

6 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 PROVISION OF LIQUID OXYGEN FOR FCC BUTNER - 6 MONTH

OPTION

PSC: 6830

18,703.13 LB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 TOTAL FOR 6 MONTH OPTION (SUM OF LINE ITEMS 16 & 17)

PSC: 6830

1 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 TOTAL FOR BASE YEAR, ALL OPTION YEARS AND 6 MONTH

OPTION (SUM OF LINE ITEMS 3, 6, 9, 12, 15, & 18)

PSC: 6830

1 YR $________ $_________________

2.1 Pricing Methodology

15BFA022Q00000098 Page 6 of 51

Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal.

Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

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

2.2 Statement of Work

SUBJECT: The contractor will provide rental and/or lease of liquid oxygen reservoirs and weekly supply and delivery of liquid oxygen to the Federal Correctional Complex Butner in Butner, North Carolina. The liquid oxygen will be utilized to refill the HELiOS LOX liquid oxygen portable units that are carried by oxygen patients within the Federal Correctional Complex, hereinafter referred to as the FCC, located in Butner, North Carolina.

PLACE OF PERFORMANCE: Federal Correctional Complex Butner, Old NC Highway 75, Butner, NC 27509.

PERIOD OF PERFORMANCE: The resulting contract will be for a base period, and four option years at the unilateral discretion of the Government. The base period is defined as the date of award through the first year. The subsequent option years will begin on the date of award and end at each year of the following years.

SCHEDULE: The contractor will make deliveries once per week on the same day of the week during regular duty hours, 7:30 a.m.- 4:00 p.m., Monday through Friday excluding Saturdays, Sundays, and Federal holidays.

The government reserves the right to establish specific days and times for performance of any work under this contract.

Emergency Service calls- Normally, all work will occur during normal duty hours. However, unexpected services may be required in the event of natural disasters or other unscheduled medical requirements. In the event that servicing is required outside the regular schedule, the contractor shall deliver liquid oxygen within 8 hours of notification.

EQUIPMENT AND SUPPLIES: All equipment used to perform this contract shall be specifically designed to be used in the supply and transport of liquid oxygen. No improvised of makeshift equipment will be permitted in performing this contract. All equipment and supplies required to effect contract performance will be furnished by the contractor. These supplies will include any material needed for maintenance and/or repair of rental and/or leased equipment.

SCOPE OF WORK: The manner and method of performance are the sole responsibility and within the sole discretion of the contractor, provided the contractor performs the services in accordance with standards and practices consistent with those in the community. Services will be provided in the method as considered normal in the local community. The service is a contractual arrangement and not a personnel appointment. The service does not constitute an employer/employee relationship. These services will be unsupervised by the Government, but will be monitored by the COR. The contractor shall provide the following services:

1. Provides 18 rented and/or leased liquid oxygen reservoirs that are compatible with the HELiOS LOX liquid oxygen portable units, Supplies and delivers liquid oxygen, and refills rented reservoirs weekly (approximately 37,406.25 lbs for each option year and 18,703.13 for the 6 month option period) at each of the institutions at FCC Butner (FMC, FCI-I, FPC, FCI-II, and LSCI) as required by the contract.

2. Provide required supplies as needed in accordance with the set pricing per the active contract.

3. Provide maintenance on rented equipment as required.

4. Provide staff training on the use and care of rental equipment as necessary. For systems that are new to FCC

Butner, the vendor agrees to provide three separate training sessions over the period of one month to ensure medical staff are competent in the use of the rented/leased liquid oxygen reservoirs. This training with documented staff competency will be required prior to the utilization of the equipment at FCC Butner.

SPECIAL QUALIFICATIONS REQUIRED: Contractor personnel shall be certified by appropriate federal and state regulatory agencies to meet federal and local certification requirements in supply and delivery of liquid oxygen. The Government has the right to restrict the employment under the contract of any contract employee or prospective employee, who is identified as a potential threat to the health, safety, security, general well-being, or operational mission of the institution and its population.

15BFA022Q00000098 Page 7 of 51

Contractor personnel shall present a neat appearance and be easily recognized. Each employee shall wear a Contractor furnished visible identification badge, which shall include, as a minimum, the individual’s first name and the name of the Contractor.

Contractor personnel shall wear shirts and closed shoes at all times while on duty. Wearing of military uniforms, camouflage clothing, or military insignia, or parts thereof is prohibited under this contract.

Contractor’s Invoice: The contractor will provide a detailed, monthly billing statement that accurately reflects the following information:

1. Dates of Service

2. Number of Tanks refilled and/or amount refilled.

3. Monthly rental/lease amount.

4. Total dollar amount for that month’s services.

Security Requirements: The contractor shall obtain all necessary cards, passes, decals, or other items required for access to FCC Butner. All personnel operation a vehicle shall be licensed driver and all vehicles shall be licensed and insured. Upon employee termination of completion/termination of the contract, the contractor shall surrender any employee/vehicle identification to the Security Forces. The contractor’s employees shall be restricted to those areas necessary to perform work under this contract as well as direct routes to and from the institutions within FCC Butner.

Safety and Health Standards: The contractor shall initiate and maintain programs to comply with the provision of the Occupational Safety and Health Standards Act concerning entry requirements in confined spaces and handling potential hazardous substances.

The work shall be accomplished without compromising the safety of personnel or property, and in accordance with the provision of federal, state, local, and American Standard Safety Codes, American Standard Association, OSHA, and other measures as deemed applicable by the FCC Safety Office. During the course of this contract, should the contractor find serious of hazardous conditions existing in any of the liquid oxygen tanks, the contractor shall secure the equipment and immediately notify the FCC Safety Office at (919)575-3900, and Contracting Officer.

All supplies, equipment, and machines shall be kept out of traffic lanes or other areas where they might create a public hazard.

Environmental Control: The Contractor shall comply with the Federal, State, and local environmental regulations. Upon occurrence of spills that could enter the institution, the contractor of the authorized representative shall immediately call the FCC Safety Department and report the incident.

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 December 2022 with an anticipated effective date of award (EDOA) of April 1, 2023. On or about the EDOA, FCC Butner 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 April 1, 2023 through March 31, 2024 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 – April 1, 2023 through March 31, 2024 Option 1 – April 1, 2024 through March 31, 2025 Option 2 – April 1, 2025 through March 31, 2026 Option 3 – April 1, 2026 through March 31, 2027 Option 4 – April 1, 2027 through March 31, 2028 6 Month Option

15BFA022Q00000098 Page 8 of 51

Point of Acceptance:

The point of acceptance destination is FCC Butner located at Old NC Hwy 75 , Butner, NC 27509.

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.

Quality of Patient Care/Discrimination:

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

The Contractor agrees to make no distinction among patients under this contract on the basis of race, color, creed, national origin, or physical condition. For this contract, distinctions on the grounds of race, color, creed, national origin, or physical condition include but are not limited to the following: denying any service or benefit or availability of a facility; providing any service or benefit to a patient which is different; or if provided in a different manner or at a different time from that provided to other patients under this contract;

subjecting a patient to segregation or separate treatment in any manner related to his receipt of any service; restricting a patient in any way in the enjoyment of an advantage or privilege enjoyed by others in determining whether he satisfies any admission, enrollment quota, eligibility, membership or other requirement or condition which an individual must meet in order to be provided any service or benefit; the assignment of time or places for the provision of services on the basis of race, color, creed, or national origin of the patients served.

Third Party Liability:

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

Reviews:

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

Payment Terms:

15BFA022Q00000098 Page 9 of 51

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 Butner 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(a) items 1-71 and 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 Butner 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 or SF-1449 will be used as the task order.

Contract Security/Investigative Requirements:

The employees of the Contractor entering the institution shall meet certain security requirements to receive an institutional pass as required by Bureau of Prisons Program Statement 3000.03 dated December 19, 2007. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract.

The program manager at the 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);

(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:

15BFA022Q00000098 Page 10 of 51

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.

Statement of Equivalent Hires:

N/A Department of Labor Wage Determination:

N/A

15BFA022Q00000098 Page 11 of 51

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Clause Title Fill-ins (if applicable)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

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

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2021)

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021)

Clauses By Full Text

52.216-18 Ordering (Aug 2020)

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

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

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

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

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

15BFA022Q00000098 Page 12 of 51

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

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

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __________ [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 identified in the Schedule of Items within the current performance [insert dollar figure or quantity];

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

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

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

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

(End of clause)

52.216-21 Requirements (Oct 1995)

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

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

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

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

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

15BFA022Q00000098 Page 13 of 51

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

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within prior to the expiration of the current performance [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

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

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

(End of clause)

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

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

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

15BFA022Q00000098 Page 14 of 51

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

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

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

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

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

(End of clause)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accomplish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

15BFA022Q00000098 Page 15 of 51

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

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

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

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

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

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

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

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous…