EMS_RFP_FY18_Modificaton_0001.pdf

U.S. Department of Justice

Federal Bureau of Investigation

Professional Services Acquisition Unit 15020 Conference Center Drive, Suite 220 Chantilly, VA 20151

January 26, 2018

RE: RFP – 15F067181200R0000009

All Interested Parties:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The Federal Bureau of Investigation (FBI) is issuing a Request for Proposals (RFP), on a restricted basis, open only small business concerns, under solicitation number RFP – 15F067181200R0000009. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96.

The Government anticipates issuing a single contract award. The contract will be a fixed price, indefinite-delivery indefinite-quantity type contract. The North American Industry Classification System code is 621111 with a small business size standard of $11.0 million.

Ordering Period - The ordering period for this contract is from the effective date of the contract through 60 months.

Period of Performance - 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 Contractor shall not be required to make any deliveries under this contract after 12 months from the expiration of the ordering period.

PROVISIONS: The following provisions apply to this acquisition:

FAR 52.212-1, Instructions to Offerors – Commercial (JAN 2017)

FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items (NOV 2017) file://FSPIH_NT/regs$/Working/far_doc/FAR12.DOC#s126 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1213_166708 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1289_180536

CLAUSES: The following clauses apply to this acquisition:

FAR 52.212-4 Alternate I, Contract Terms and Conditions -- Commercial Items (JAN 2017)

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items (NOV 2017)

Additional terms and conditions are contained within the attached solicitation documents.

SUBMISSION OF QUOTES:

Proposals must be submitted in accordance with the FAR provision at 52.212-1, Instructions to Offerors – Commercial Items (JAN 2017) and the instructions set forth in Section L of the solicitation.

Proposals must be received by the Contracting Officer no later than 10:00 am EST on Tuesday, February 20, 2018 to the following address or e-mail address:

Professional Services Acquisition Unit (PSAU) 15020 Conference Center Drive ATTN: Brian Chrostowski, STE 220 Chantilly, Virginia, 20151 bchrostowski@fbi.gov mfparsons@fbi.gov

*Please note that mail may require inspection, which can delay the receipt of proposals.

The postmarked date must indicate that the proposal was sent in sufficient time so as to have been received by the Contracting Officer by the due date and time.

**If e-mailing your proposal please be aware that the FBI cannot receive an attachment greater than 5MB. If need be the proposal should be split into separate e-mails and those e-mails should contain an e-mail count such as “E-Mail 1 of X”.

INQUIRIES:

All inquiries regarding this solicitation must be directed in writing to:

Michael Parsons, Contract Specialist mfparsons@fbi.gov

Brian Chrostowski, Contracting Officer bchrostowski@fbi.gov http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1554_215887 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1745_254461 mailto:bchrostowski@fbi.gov mailto:mfparsons@fbi.gov mailto:mfparsons@fbi.gov mailto:Brian.Chrostowski@ic.fbi.gov

PART I – THE SCHEDULE

Section B - SUPPLIES OR SERVICES AND PRICES

B.1.0 DESCRIPTION OF SERVICES

This is a follow-on requirement. The Contractor shall provide supplementary medical services personnel to the Federal Bureau of Investigation (FBI) for its field medical support program. The FBI requires board-certified physicians and other selected medical professionals in accordance with the criteria as set forth in Section C.

B.2.0 CONTRACT AND ORDER LIMITATIONS

A. Contract Minimum and Maximum

Delivery or performance shall be made only as authorized by orders issued in accordance with (IAW) the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum,” hereby established as $5,000,000 per year over the potential five (5) year life of the contract (i.e. one (1) Base Year and four (4) Option Years. The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum,” hereby established as $1,000 over the life of the contract.

B. Minimum order

When the Government requires services covered by this contract in an amount of less than $1,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

C. Maximum order limitation

The Contractor is not obligated to honor:

(1) Any one order for a combination of CLINs in excess of $5,000,000.

Notwithstanding paragraph (C) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (C), unless that order (or orders) is returned to the Contracting Officer (CO) within ten (10) working days after issuance, with written notice stating the Contractor's intent not to provide the requested services and the reason(s) for the refusal. Upon receiving such notice, the Government may acquire the services from another source.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 GENERAL

The FBI has a contingency requirement to ensure the availability of supplementary medical personnel services for its field medical support program from board-certified physicians and other specified medical professionals IAW with the criteria set forth in this Statement of Work (SOW).

The Health Care Programs Unit (HCPU) within the Office of Medical Services (OMS) is responsible for the management and administration of the FBI's Occupational and Emergency / Operational Medicine Programs across the entirety of Bureau operations.

HCPU is the entity responsible for addressing all medical concerns inherent in the FBI mission. The HCPU's goal is to conserve, promote, and maintain the physical and mental health of FBI employees. These activities include support of FBI operations in the field which form the basis for this requirement.

Specifically, the FBI mission includes crisis response to domestic and international terrorism, Weapons of Mass Destruction (WMD) investigations and the performance of complex criminal investigations. These activities can occur in austere and hazardous environments. Examples include international deployments to Africa, Eastern Europe and the Middle East as well as domestic crisis response to the 9/11/2001 attack sites, investigation of the use of anthrax against the public in Florida, New York City and Washington, DC and Federal support to local law enforcement (LE) during hurricanes and other natural disasters.

As an agency of the Federal Government, the FBI conforms to civilian standards of medical professional credentialing and certification, health care delivery and medical supervision. As a domestic LE agency, the FBI must provide medical support in a manner consistent with the laws, policies and procedures required in civilian police operations. As an intelligence and counterterrorism agency, FBI medical support must be provided in a manner consistent with the requirements of sensitive national security matters.

HCPU’s Emergency Medical Support Program (EMSP) was established in 1999 to provide medical oversight and on-site support for FBI field operations. Standardized medical procedures, equipment specifications and education requirements developed under the EMSP are in place to ensure necessary levels of medical preparedness.

Oversight and medical direction of EMSP is performed by Federal physicians assigned within the HCPU as FBI Medical Officers. These FBI-intrinsic medical service personnel can be augmented by contracted medical professionals when deemed necessary by HCPU based upon the complexity, duration and location of an event or mission. This contract will support such augmentation to several response components of the FBI responsible for conduct of these missions. This SOW delineates the contract services required in support of the EMSP.

Historically, services of the contract have been utilized infrequently and are dependent on the number, dates, location and nature of the events. An extensive deployment requiring multiple Contractor medical personnel occurred in 2016. No requirements have occurred in 2017. Prior history is not predictive of future requirements. As such, the services under this contract remain critical to national security and the health and welfare of FBI personnel, first responders, subjects of the operations and others impacted during the events.

C.2 DEFINITIONS

The term "(Contractor) personnel" includes employees of the (Contractor) and subcontractor personnel as applicable.

The term "Board Certification" refers to boards recognized by the American Board of Medical Specialties.

The "EMSP" includes field-based FBI medical personnel and support Contractor personnel who conduct medical activities under the supervision of the HCPU.

The term "pre-hospital care provider" refers to Emergency Medical Services (EMS) personnel who are certified through an agency recognized by, and function within a specified scope of practice defined by, the FBI in providing pre-hospital medical care.

The term "deployment medical support" refers to the provisioning of preventive, primary care and emergency care medicine to FBI employees during performance of their duties at a location other than their primary employment location. This support will generally be provided during the selected events and missions referred to in the GENERAL paragraph C.1 above.

C.3 PROGRAM OBJECTIVES

3.1 Provide emergency response and on-site medical support to domestic and international events, missions and training exercises.

3.2 Provide expert medical and research consultation services to OMS to include medical testimony in court.

C.4 PROFESSIONAL QUALIFICATIONS

4.1 Physician(s) shall be currently Board-certified in emergency medicine to qualify to provide on-site medical support under this SOW. Exceptions must be approved by the Chief, HCPU and will only be considered for physicians with Board certification in a related discipline(s) and an exceptional background in emergency medicine.

4.1.1 Current certification is also required in Advanced Cardiac Life Support (ACLS) and Advanced Trauma Life Support (ATLS).

4.2 All physicians performing services under this contract shall possess a current, permanent, full and unrestricted license to practice medicine in a state, the District of Columbia, Puerto Rico or a territory of the United States.

4.3 All non-physician personnel performing services under this contract shall possess current certification or licensure consistent with their clinical career field (as specified in Section C.6.1.2) in a state, the District of Columbia, Puerto Rico or a territory of the United States and current certification in ACLS, ATLS, and Pre Hospital Traumatic Life Support (PHTLS) or an equivalent that is acceptable to the Medical Director, EMSP.

C.5 ADMINISTRATIVE TASKS TO BE PERFORMED BY THE

CONTRACTOR

NOTE: HCPU personnel may provide initial notification, but the Contractor shall only incur costs in response to CO direction which will generally be made via issuance of a written task order (TO) but may be initiated via verbal direction in emergency situations.

5.1 The Contractor shall provide 24 x 7 x 365 access to its designated Medical Support Coordinator (MSC) within one (1) hour of the FBI’s attempt to make contact. The MSC shall be the FBI’s contact for requests to deploy medical support for HCPU.

5.2 The Contractor shall provide upon HCPU request consultation to the EMSP regarding:

5.2.1 Recommended modifications or additions to existing Bureau written standing orders and protocols for pre-hospital and deployed medical care.

5.2.2 Recommendations regarding the equipment and supplies utilized by FBI pre-hospital care providers in various missions.

5.2.3 Medical consultation, subject matter expert opinion and / or expert testimony consistent with their board certifications and clinical experience. Consultant physicians will be available with board certification in medical specialties including, but not limited to:

cardiology, critical care medicine, general and / or trauma surgery, infectious disease, internal medicine, neurology, neurosurgery, ophthalmology and orthopedics. Such consultations shall include reference documentation of medical literature supporting the consultant’s medical opinion.

5.3 The Contractor shall provide upon HCPU request consultation to the EMSP regarding:

5.3.1 Pre-positioned medical supplies and equipment specifically required for deployment.

5.3.2 Mission planning assistance and medical information analysis.

C.6 MEDICAL TREATMENT TO BE PERFORMED BY THE CONTRACTOR

NOTE: HCPU personnel may provide initial notification, but the Contractor shall only written TO but may be initiated via verbal direction in emergency situations.

6.1 Pre-Hospital Emergency Care

6.1.1 The Contractor may be called upon to supplement existing FBI medical care providers during field missions and training operations.

6.1.2 The inclusion of non-physician Contractor medical personnel in clinical career fields such as Physician-Assistant, Nurse Practitioner, or Registered Nurse requires consent of the EMSP Medical Director (MD). Such consent will be considered on a mission-specific basis.

6.1.3 Contractor physicians shall deliver pre-hospital treatment consistent within generally accepted standards of care provided by emergency medicine specialist physicians.

6.1.4 Contractor non-physician providers shall deliver pre-hospital treatment within their scope of practice consistent with the current version of the FBI Emergency Medical Protocol, or an equivalent deemed acceptable to the EMSP MD.

6.1.5 Review of care provided by Contractor medical personnel shall be conducted remotely by the physician designated as the Contractor’s MD in cooperation with the EMSP MD. HCPU retains final authority in determination of the quality of medical care provided by Contractor personnel.

6.2 Medical Support in Austere or Prolonged Circumstances

NOTE: HCPU personnel may provide initial notification, but the Contractor shall only written TO but may be initiated via verbal direction in emergency situations.

6.2.1 The Contractor may be called upon to supplement existing FBI medical care providers during contingency and crisis response missions.

6.2.2 The Contractor shall provide medical support during these missions, including pre-hospital emergency care as defined in (6.1) above to supplement the FBI Emergency Medical Support (EMS) program. FBI pre-hospital care providers will continue to serve as the primary providers of direct field medical care. Based upon HCPU requirements, Contractor services may consist of any or all of the following:

6.2.2.1 On-scene physician medical supervision of FBI pre-hospital medical care providers on deployment as further delineated in paragraph 6.2.5.1 below.

6.2.2.2 On-scene physician and / or non-physician care for primary illness or injury of a routine nature, not requiring hospitalization or medical evacuation (commonly referred to as "Sick Call"). The Contractor employee shall refer FBI employees to their personal medical provider for non-occupational illness or injury. Initial treatment of non-occupational complaints may be provided at time of referral to ensure appropriate initial care and to promote workplace efficiency, limiting this initial treatment to two (2) visits for the presenting complaint.

6.2.3 Deployment medical support shall be provided by personnel experienced in medical support of civilian LE operations. Experience in humanitarian overseas medical missions or preventive medicine, such as aerospace, occupational, or preventive medicine and public health, is desirable.

6.2.3.1 Deployment medical support shall be conducted by Contractor physicians holding current credentials in accordance with this

SOW.

6.2.3.2 Medical support shall include Bloodborne Pathogen post-exposure and follow-up consultation and treatment when deployed with FBI employees. Current Center for Disease Control (CDC) control and prevention guidelines for evaluation, post-exposure prophylaxis and follow-up shall be utilized. Refer any questions to the HCPU Bloodborne Pathogen Program Manager.

6.2.4 When multiple Contractor personnel are supporting an incident, the

Contractor shall designate a senior supervisor. All Contractor physician and non-physician providers shall report through that designated senior supervisor to the FBI’s Operational Medical Coordinator (OMC) deployed on the mission. The OMC will be identified to the Contractor before each mission.

6.2.4.1 The OMC acts as liaison between the Contractor’s senior supervisor and the FBI’s on Scene Commander (OSC).

6.2.4.2 The OMC will exercise direction of Contractor personnel though the Contractor’s senior supervisor on-scene.

6.2.4.3 The Contractor’s senior supervisor shall provide a daily report by 6

p. m. local time to the OMC on medical treatment provided, status of supplies, identified patterns of illness or injury (if present) and other medical matters deemed medically or operationally significant by the senior supervisor for the duration of Contractor personnel deployment.

6.2.4.4 The OSC is responsible for all operational matters during deployment. Whenever practicable, OSC’s direction of Contractor’s personnel will be through the OMC.

6.2.5 Pre-hospital care providers participating in contingency or crisis response missions will remain under the operational direction of the designated FBI OSC. For purposes of the delivery of emergency medical care, pre-hospital care providers will be under the administrative medical control of the FBI’s EMSP MD.

6.2.5.1 The Contractor’s emergency physicians may be delegated on-site medical control authority by the FBI’s EMSP MD when their services are requested for the purpose of on-site physician supervision of FBI pre-hospital care providers. Care provided or directed by Contractor physicians is subject to retrospective review by the FBI’s EMSP MD.

6.2.5.2 Medical control delegated to the Contractor’s emergency physicians will be limited to direction of medical care provided to patients.

6.2.6 When requested, the Contractor shall provide the following coverage to meet medical support requirements:

6.2.6.1 At least one (1) physician shall be available within a maximum of twenty-four (24) hours from initial notification to the Contractor for immediate deployment for a duration of no less than ten (10) calendar days.

6.2.6.2 A second physician shall be available within a maximum of seven

(7) calendar days of initial notification to the Contractor for immediate deployment for duration of no less than fourteen (14)

6.2.6.3 A third physician shall be available within a maximum of twenty-one (21) calendar days of initial notification to the Contractor for immediate deployment for a duration of no less than fourteen (14)

6.2.6.4 This process shall continue for additional physician requirements at fourteen (14) calendar day intervals for immediate deployment until mission termination or notification via the CO to Contractor that such support is no longer required.

6.2.6.5 Special arrangements for physician availability IAW specific special events or missions will be established by mutual consent of the Contractor and HCPU in consultation with the FBI entity conducting that event or mission.

6.2.7 The Contractor’s MSC shall notify the EMSP MD should the Contractor’s resource limitations require discontinuation of Contractor support of a deployed FBI contingency or crisis response mission before mission termination.

6.2.7.1 The above notification shall be provided no less than fourteen (14) calendar days prior to withdrawal of Contractor support of any event or mission.

C.7 PRE-DEPLOYMENT PHYSICALS OF CONTRACTOR PERSONNEL

7.1 All Contractor personnel designated as deployable shall complete medical screening determined by the Contractor as sufficient to ensure their health and mission effectiveness while deployed. The screening shall include travel immunizations as recommended by the CDC.

7.2 Determination of medical fitness of Contractor personnel for deployment remains the responsibility of the Contractor.

C.8 EQUIPMENT AND SUPPLIES

GOVERNMENT FURNISHED EQUIPMENT

8.1 The FBI will provide Contractor personnel with all equipment and supplies necessary for mission operations which are not otherwise readily available to Contractor personnel. Such provided items, except as specifically allowed, shall remain the property of the FBI and shall be returned to the FBI when no longer required.

8.2 The HCPU will provide a list of required general travel supplies that each Contractor employee shall have in their possession at the time of deployment. It is the Contractor’s responsibility to ensure that its personnel pack and travel with these supplies.

8.3 Medical Supplies and Equipment

8.3.1 Medical equipment, supplies, and special safety clothing purchased by the

FBI for Contractor’s use shall be returned to the FBI at the termination of any mission.

8.4.2 Medical equipment purchased by the Contractor at CO direction shall be deemed property of the FBI, to be returned to the FBI at the termination of any mission.

CONTRACTOR FURNISHED EQUIPMENT

8.4.3 The Contractor is responsible for providing its deployed employees with mission appropriate clothing and other normal available civilian travel supplies. Basic personal protective equipment such as eyewear, medical and protective work gloves and appropriate footwear are included in this category.

C.9 SUBMISSION OF REPORTS TO THE FBI

9.1 Contractor pre-hospital and deployment medical care providers shall submit reports of all patient encounters to HCPU for purposes of patient care review.

Patient encounter reports shall follow the standard “SOAP” format utilized by medical practitioners. The format for these reports will be readable by Microsoft Access database software, or an alternate format deemed acceptable by HCPU.

9.2 The Contractor shall submit quarterly statistical reports to HCPU of all medical treatment provided by Contractor personnel deployed on FBI operations.

Reports shall include the number of persons treated, the number of persons evacuated or admitted to hospital(s), and patient distribution data based upon the categories of injuries and / or illnesses encountered.

9.3 The Contractor shall conduct HCPU requested statistical analysis on these data upon written request by the CO.

C10. MAINTENANCE AND PROTECTION OF MEDICAL RECORDS

10.1 The Contractor shall provide complete copies of all medical treatment records it has created in the course of FBI activities to the HCPU for review. All treatment provided by the Contractor under this agreement is not subject to HIPPA regulations when shared with medical representatives of the FBI.

10.2 All medical documents related to this contract shall be maintained in .pdf format with access restricted to individuals with a need to know and authorized IAW with Federal medical confidentiality laws. Any medical records maintained by the Contractor in paper form shall be maintained in a secure, locked filing cabinet or locked room, separate from other medical files and with access restricted as noted above.

10.3 As directed by the Contracting Officer’s Representative (COR) upon completion of the contract, all records and information pertaining to the contract must be destroyed by FBI approved methods and / or deleted from Contractor possession -- this includes any and all information systems. The COR may require that FBI personnel witness the destruction of any information. The COR may direct the transfer of medical records to the FBI to include electronic media as well as documents and other material). All medical records accessed / generated under this contract are the property of the FBI and are merely maintained by the Contractor for the Government’s benefit.

C11. TRAVEL COST REIMBURSEMENT

All travel reimbursement will be based on the Federal Travel Regulation (FTR) guidelines (e.g. per diem and travel mileage) where appropriate. Car rentals are limited to intermediate category and reimbursement is authorized for one car per four (4) Contractor personnel. Deviations from applicable FTR guidance requires written pre-authorization by the COR.

SECTION D - PACKAGING AND MARKING

D.1.0 PACKAGING AND MARKING

Preservation, packaging, and packing for all items delivered hereunder shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination. The Contractor shall place the contract and order number on or adjacent to the exterior shipping label.

[End of Section]

SECTION E – INSPECTION AND ACCEPTANCE

E.1.0 GENERAL

The government has the right to inspect and to evaluate the work being performed under this contract and if applicable, the premises where the work is being performed at all reasonable times and manner that will not unduly delay the work.

The contractor shall only tender for acceptance those services that conform to the requirements of the contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. Refer to FAR Clause 52.212- 4 ALTERNATE I, Contract Terms and Conditions – Commercial Items (JAN 2017).

Written notification of negative inspection results will be furnished to the Contracting Officer within thirty (30) days after delivery by the Contracting Officer’s Representative (COR). Vendor shall provide within five (5) business days a written response to the negative inspection report and what corrective action has been taken.

E.1.1 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):

https://www.acquisition.gov/far

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSES

NUMBER TITLE DATE

52.246-6 INSPECTION – TIME-AND-MATERIAL

LABOR HOUR MAY 2001

https://www.acquisition.gov/far

SECTION F – DELIVERIES AND PERFORMANCE

F.1.0 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):

https://www.acquisition.gov/far/

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

F.2.0 ORDERING PERIOD AND PERIOD OF PERFORMANCE

Ordering Period - Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by designated individuals. Such orders may be issued from the effective date of the contract through 60 months.

Period of Performance - 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 Contractor shall not be required to make any deliveries under this contract after 12 months from the expiration of the ordering period.

F.3.0 DELIVERABLES/ PLACE OF PERFORMANCE

Place of delivery and performance will be specified in the task order.

SECTION G – CONTRACT ADMINISTRATION

G.1.0 JAR 2852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE

(COR) (JAN 1985)

A. Pamela Browning is hereby designated to act as the Contracting Officer’s

Representative (COR) under this contract.

B. The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

C. The COR does not have the authority to alter the Contractor's obligations under the contract; and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of clause)

G.2.0 CONTRACT ADMINISTRATION

The Administrative Contracting Officer for this contract shall be:

Brian Chrostowski Professional Services Acquisition Unit 15020 Conference Center Drive, STE 220 Chantilly, VA 20151 bchrostowski@fbi.gov

Written communications shall make reference to the contract and purchase order number and shall be mailed or e-mailed to the Contracting Officer indicated in the contract unless otherwise instructed.

G.3.0 INVOICING REQUIREMENTS

A. Invoices shall be submitted electronically through e-mail to:

CENTRAL_INVOICES@fbi.gov mailto:bchrostowski@fbi.gov

B. Invoices shall be submitted on a monthly basis, reflecting the date the invoice was created, and within ten (10) working days of the end of the month during which services were provided.

C. All invoices are required to have a unique identifying, non-duplicable number, which shall remain the same for any revisions or corrections necessary for such invoice, and reflect the date of service, contract number, order number, and a list of services. Please refer to Section I, Contract Clauses, clause 52.212-4 Contract Terms and Conditions – Commercial Items, for further information on required information for invoices.

D. It shall be the Contractor‘s responsibility to include the information required by this contract on each and every invoice when invoicing for full or partial services performed. If an invoice does not contain the above information, the Bureau reserves the right to reject the invoice(s) as IMPROPER and notify the vendor within seven (7) days after receipt of the invoice at the designated billing office. Resubmission of a PROPER invoice will be required. This corrected invoice shall have the same invoice number as that originally submitted for payment. All follow-up invoices (i.e. revised, resubmitted) shall be marked "Duplicate of Original".

E. Any requirement for resubmission for payment or Contractor questions regarding payment or check identification should be directed to the Administrative Contracting Officer of the contract.

G.4.0 WITHHOLDING OF CONTRACT PAYMENTS

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the terms and conditions of the contract. The Government shall promptly notify the contractor of its intention to withhold payment of any invoice or voucher submitted.

G.5.0 ORDERING

In accordance with Federal Acquisition Regulation (FAR) 16.505, Ordering, and the clause at 52.216-18, Ordering (OCT 1995), any supplies or services to be furnished under this contract shall be ordered by issuance of task orders by the individuals authorized by the contract.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1.0 REQUIREMENTS FOR SUBCONTRACTORS

The prime Contractor shall ensure that all requirements are incorporated into any agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise. The contractor certifies by acceptance of the contract, that it has required each subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the terms set forth herein will be attributed to the prime contractor.

H.2.0 DISSEMINATION OF INFORMATION/ STORING AND DESTROYING

INFORMATION

The elements of limited dissemination of Law Enforcement Sensitive (LES) and Unclassified/Sensitive but Unclassified (SBU), including Privacy Act, information on this contract relative to processing storing, and destroying information are subject to:

A. Controls must be implemented and maintained to prevent the information from physically or electronically leaving the Contractor's approved space, or becoming known to persons without a need-to-know or an executed non-disclosure agreement;

B. Buildings, or individual offices, where information is processed must have entrance doors that lock and that will show evidence of unauthorized entry;

C. Documents, files, and electronic representations of such, must be placed in a locked container when not in use by an authorized person. A locked container may be construed of any of the following, or reasonable facsimiles thereof:

1. Desk with a locking drawer

2. Locking file cabinet

3. GSA-approved security container

4. Password-protected and encrypted computer, as to be considered unusable, unreadable, or indecipherable to unauthorized individuals.

5. Office space with a locking door;

D. Documents, files, media, etc. may be transmitted using the following methods:

1. U.S. Mail

2. Courier

3. Encrypted electronic mail (email) over an FBI approved system.

4. Facsimile, with the use of cover page, receiver number verification, and follow-up phone call.

5. Federal Express;

6. Or other approved method. Approval must be provided in writing from the TPOC, COR, or CO.

E. Having information on a Secure Internet connection;

G. At the end of the contract, destroying and/or deleting from contractor possession, including any and all information systems, by approved methods, or conveying all program related information, such as laboratory results and medical examination information, to the Government (includes soft media, as well as documents and other materials). FBI personnel may elect to witness the destruction of any information. Medical records under this contract are the property of the FBI and are merely maintained by the contractor for the government’s benefit.

The contractor shall maintain in his/her possession only sufficient information to allow for payment or the proper conduct of business. Records maintained by the Contractor shall be subject to review by the FBI upon request.

Unauthorized disclosure of FBI information, to include information maintained on any billing system, may constitute a security incident, this includes the loss of computer hardware whether encrypted or not, and the FBI shall be informed of any unauthorized disclosure, in writing, within 5 business days. The unauthorized disclosure of information protected by the Privacy Act could also result in criminal sanctions.

H.3.0 ORGANIZATIONAL CONFLICTS OF INTERESTS - GENERAL

(a) The Contractor warrants by submission of a proposal and acceptance of a contract that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational conflict of interest as defined in paragraph (b) below.

(b) The term "organizational conflict of interest" means a situation where a

Contractor has interest, either due to its other activities or its relationship with other organizations, which place it in a position that may be unsatisfactory or unfavorable (1) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or in securing the advantages of adequate competition in its procurement; or (2) from industry's standpoint in that unfair competitive advantages may accrue to the Contractor in question.

(c) The Contractor agrees that, if after the award he/she discovers an organizational conflict of interest with respect to this contract, he/she shall make an immediate and full disclosure in writing to the Contracting Officer. The disclosure shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government.

(d) In the event that the Contractor was aware of an organizational conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

H.4.0 GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

The government shall have unlimited rights, as delineated in the FAR 52.227-17Rights in Data-Special Works (DEC 2007) which is included in SECTION I by reference, to all documentation and other data developed by the Contractor under this contract.

The Contractor shall not duplicate or disclose in any manner, to any party, for any purpose whatsoever, or have or permit others to do so, any documentation or other data developed and/or obtained by the Contractor under this contract. The Contractor shall ensure that the clause at FAR 52.227-17 and this restriction are incorporated in any agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise.

Medical records under this contract are the property of the FBI at all times. For the duration of the contract, the Contractor shall maintain the medical records as a system of records on behalf of the FBI, in furtherance of the FBI’s function, pursuant to the Privacy Act of 1974.

H.5.0 FAR 52.237-9000, KEY PERSONNEL (AUG 2011)

The personnel listed below are considered essential to the work being performed hereunder. Prior to substituting, removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the Contracting Officer 15 working days in advance and shall submit a written request and justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this Contract. The proposed substitution of personnel must meet or exceed the education, experience, and other technical requirements of the personnel being replaced. No change in personnel shall be made by the Contractor without the prior written consent of the Contracting Officer. However, in urgent situations, as determined or agreed to by the Contracting Officer, an oral request to substitute key personnel may be approved and subsequently ratified by the Contracting Officer in writing. Such ratification shall constitute the consent of the Contracting Officer required by this paragraph. The Contracting Officer will notify the Contractor within 10 working days after receipt of all required information of the decision on the substitution(s). In the event the proposed substitution of key personnel does not meet or exceed the education, experience, and other technical requirements of the personnel being replaced, the Government reserves the right to require continued performance of previously approved key personnel or to require substitution of acceptable replacements for the individuals specified below. The key personnel listed below may, with the consent of the contracting parties, be amended from time to time during the course of the Contract to either add or delete personnel as appropriate.

The following Position / Labor Category are designated as Key Personnel:

Name Position/Labor Category Medical Support Coordinator

(End of clause)

H.6.0 SECURITY CHECKS AND OTHER PERSONNEL REQUIREMENTS

(a) All contractor personnel may be required to complete the required security processes and meet the requirements specified by the FBI Security Division for the sensitivity or classification level of the information for which they will require access. Any contracted personnel who perform services under this agreement may be subject to a background investigation. Only persons authorized and cleared by the FBI shall perform services under this contract and have access to any LES, SBU, and/or medical information.

(b) The Contractor agrees by acceptance of a contract to fully cooperate with the FBI to complete the security process by promptly completing necessary forms, scheduling finger printing, and providing required documentation within thirty

(30) days of contract award date.

(c) All “hands on” personnel who will have access to the records and administrative information pertaining to FBI employees shall be subject to a National Agency Check (NAC). The process for Security checks will be coordinated by the Technical Point of Contact and the Security Officer assigned upon contract award.

Fingerprints for identification purposes will be required.

(d) The Contractor shall immediately report to the FBI, in writing, changes resulting in different personnel being assigned to perform the duties stated in the contract.

Each new personnel, as indicated in H.6.0.c, must be cleared by the FBI.

Services cannot be initiated by new contractors without prior FBI approval.

H.7.0 SPECIAL SECURITY REQUIREMENTS

1. Access to FBI facilities and information is subject to specific security requirements, which must be satisfied prior to access.

2. Prior FBI approval is required for any subcontracting.

3. Any information technology system utilized to support unclassified contract performance shall be operated in accordance with FBI certification and accreditation policies and procedures, and shall comply with all requirements of Health Insurance Portability and Accountability Act of 1996 (HIPPA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009. Contact with the Contract Technical Point of Contact shall be made to coordinate the required certification and accreditation process for contract performance.

4. The contractor shall not photocopy, or in any way retain, any identification documents belonging to FBI personnel, including, but not limited to FBI documents, or personal driver’s licenses. The contractor shall not use any personally identifiable information such as a home address for FBI personnel. If necessary, the contractor shall utilize the FBI office address on all records.

H.8.0 DISRUPTION TO THE SCHEDULE

The Contractor shall notify the COR TPOC at any time when there is or may be a disruption of any type which would delay any deliveries under the schedule. Such notification shall be provided to the TPOC by telephone, as soon as the situation is known to the Contractor, and shall be followed up in writing to both the TPOC and Contracting Officer within five (5) days. The contractor shall furnish replacement personnel with the required qualifications and appropriate clearances without causing a delay or interruption of services.

H.9.0 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

H.9.0 OBSERVANCE OF LEGAL HOLIDAYS

The U.S. Government observes the below listed days as holidays:

New Year’s Day Martin Luther King’s Birthday President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day Inauguration Day (when applicable)

H.10.0 TRAVEL

Any travel required directed in writing by the Contracting Officer’s Representative (COR) will be reimbursed in accordance with the Federal Travel Regulations

H.11.0 IMMUNIZATIONS REQUIREMENTS

The immunization requirements shall be based upon current FBIHQ, HCPU, policy guidelines. Standard Immunizations and malaria prophylaxis shall be provided at the Contractor’s expense and recorded on the employee’s PHS-731 International Certificate of Vaccination. A copy of the PHS-731 shall accompany the records forwarded to HCPU of each physician or other medical provider designated for possible deployment.

H.11.1 STANDARD IMMUNIZATIONS

Standard immunizations for worldwide travel are as follows:

A. Polio (IPV), or record of adult booster (at age 18 or older) B. All adults MUST receive a measles, mumps, and rubella (MMR) booster, unless there is laboratory evidence of immunity or record of adult booster (at age 18 or older) C. Tetanus/diphtheria booster every ten (10) years.

D. Hepatitis A series OR TWINRIX.

E. Hepatitis B series OR TWINRIX.

F. Typhoid (booster intervals as recommended by the Centers for Disease Control Advisory Committee on Immunization Practices for the vaccine used)

G. Influenza (yearly seasonal as well as additional immunization during times of unusual influenza activity as recommended by the Centers for Disease Control Advisory Committee on Immunization Practices).

H. Yellow Fever – (booster intervals as recommended by the Centers for Disease Control Advisory Committee on Immunization Practices for the vaccine used)

I. Meningococcal vaccine – (booster intervals as recommended by the Centers for Disease Control Advisory Committee on Immunization Practices for the vaccine used)

H.12.0 MALPRACTICE INSURANCE

In accordance with clause 52.237-7, Indemnification and Medical Liability Insurance (JAN 1997), the physicians under contract 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: [$3,000,000.00 and $7,000,000.00], unless otherwise approved by FBIHQ and in accordance with State law.

H.13.0 COUNTRY CLEARANCE REQUIREMENTS

1. All Contractor personnel shall pass at least a TOP SECRET security clearance, conducted by the FBI immediately after contract award.

2. Contractor personnel designated for deployment shall be qualified and authorized to operate standard commercial FBI motor vehicles. Qualification for special vehicles will be obtained upon request of the FBI.

3. Contractor personnel designated for deployment shall complete a course of instruction conducted by the FBI in Overseas Security Awareness Training and Personnel Recovery.

H.13.1 Contractor personnel designated for deployment medical support shall maintain, at all times, a U.S. tourist passport, to expire in not less than one year.

H.13.2 Contractor personnel designated for deployment medical support shall maintain six (6) copies of a passport-quality photograph for purposes of visa application, at all times. An electronic copy of the passport photograph of each contract employee designated for deployment will be provided by HCPU in .JPG format

H.13.3 The Contractor shall maintain a database or similar data retrieval system including information on all contractor personnel designated for deployment medical support to include the following:

Name;

Social Security Number;

Date of Birth;

Place of Birth;

Passport Number, Place of Issue and Expiration date;

Blood Type;

Dates of Standard Immunizations;

Emergency Notification Contact’s Address and Telephone number

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1.0 52.212-4, ALTERNATE I -- CONTRACT TERMS AND CONDITIONS --

COMMERCIAL ITEMS (JAN 2017)

a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance.

The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent.