5 -Tattoo Removal SOW final (1).pdf

DEPARTMENT OF JUSTICE

Federal Bureau of Prisons Tattoo Removal Program

1.0 Introduction and Purpose

1.1 Introduction

The Bureau of Prisons (BOP) is an agency of the Department of Justice (DOJ). It consists of 122 institutions throughout the United States, including Hawaii and Puerto Rico, 6 regional offices, a Central Office (headquarters), 2 staff training centers, and 22 Residential Reentry Management offices. The BOP is responsible for the custody and care of approximately 160,000 adult Federal offenders. Approximately 91 percent of these inmates are confined in BOP-operated facilities, while the balance is confined in secure privately managed or community-based facilities and local jails.

1.2 Purpose

Of the 160,000 estimated inmates in BOP custody, approximately 95% will release from incarceration and reenter society. These individuals will face many challenges such as obtaining employment, building healthy and pro social relationships, seeking housing and becoming productive citizens. Frequently, these individuals have engaged in lengthy criminal lifestyles which have led them to make impulsive and permanent decisions impacting their futures. One of these is tattooing. While tattoos have gained mainstream acceptance, prison tattoos, gang related or extremist related tattoos, and prominently placed tattoos denoting an anti-social lifestyle and socially inappropriate tattoos frequently hinder an individual’s reentry into society.

The BOP has targeted several groups of inmates who are prioritized for tattoo removal. The groups include those separating from a gang or terrorist affiliation, mentally ill inmates who already face reentry barriers, and inmates with prominent tattoos (on the face, head, neck or hands) that could impact employment. Tattoo removal is focused on eliminating and reducing the stigma attached to these tattoos. While outwardly these tattoos may be seen by society as off-putting, indicative of criminal behavior, or a curiosity, they also hold deeper meaning for the individual. Mentally ill individuals often associate them with psychotic or other distressing episodes and extremists or gang member’s associate tattoos with significant events in their criminal lifestyle. Removing them both increases the societal support of successful reintegration and helps the individual begin to step away from a criminogenic identity.

Inmates will volunteer to participate in this program. The contractor will provide all educational and informational materials related to tattoo removal.

This program will focus on the removal of existing tattoo(s) utilizing an approved laser system to break down existing ink particles in the skin into tiny fragments, which the body’s immune system will flush the ink particles away from the existing location of the tattoo.

Equipment will have various wavelength capabilities and various pulse durations and is FDA approved. All laser equipment, procedures, training, certifications, and reporting requirements will be conducted in accordance with Arizona State laws and regulations as stipulated in Arizona Administrative Code Title 12, Chapter 1.

2.0 Scope of Work

The Federal Bureau of Prisons (BOP), National Gang Unit (NGU) intends to award a single indefinite delivery/requirements type contract with firm-fixed unit prices to a responsible concern for the provision of tattoo removal services to be performed onsite at the FCC as set forth in this solicitation. The FCC houses incarcerated male and female inmates who are being held in the custody of the Attorney General under the authority of the Federal Government by the BOP within three institutions (United States Penitentiary (USP), Federal Correctional Institution (FCI), and the Federal Prison Camp (FPC). The program will take place at the FCI and USP under this contract.

The contractor will be responsible for setting up the program. This will include provision of services as described above. It also includes initial consultation with the agency and development of a plan to educate inmates such that appropriate individuals can be recruited for the program, and they have the appropriate material to give informed consent to participate. The vendor will also coordinate with NGU staff to develop procedures for any follow-up services that may be required until the tattoo is completely removed. The vendor and NGU cannot develop new procedures outside what is already under this SOW without amending the SOW.

2.1 Place of Performance

Services will be performed within a mobile unit, provided by the contractor, at the USP, FCI, and FPC, which is located at 9300 South Wilmot Road, Tucson, AZ 85756. Power hook up will be provided at the worksite for the use of the mobile unit.

2.2 Point of Contact

The contractor shall assign a Point of Contact to have the full authority to act on behalf of the contractor in all matters relating to the daily operation of the contracted services.

2.3 Schedule

The BOP and contractor will establish working hours. The contractor will normally work a minimum of four (4) hours per day. Prior scheduled appointments are always required for security reasons. The work day is normally between the hours of 7:00 a.m. and 3:00 p.m., on a day(s) coordinated by the BOP. Specific days/hours will be subject to a mutual agreement between the NGU Intelligence Officer and the contractor.

The NGU Intelligence Officer will verify work hours are acceptable with the facility CEO prior to agreeing to the schedule. The NGU Intelligence Officer will consult with the contractor prior to any scheduling.

The contractor will be notified in advance of the requested dates of services and the estimated number of inmates to be examined and treated. The NGU Intelligence Officer will be responsible for establishing the schedule with the contractor. Upon agreement, any changes to the schedule must be coordinated with the NGU Intelligence Officer or their designee. The estimated number of inmates taking part in the program will be determined by the National Gang

Unit staff and will vary from session to session. Inmates will be prioritized by need. Inmates whose tattoos impact their ability to function in the institution’s general population, those with prominently placed tattoos that are determined to be socially inappropriate and those who experience significant social stigma/discomfort due to their tattoo(s) are to receive priority.

The contractor will normally be scheduled a month in advance. The Tattoo Removal services schedule will be flexible to meet the needs of the institution based on the work volume and security needs. Services may be cancelled or rescheduled by the Bureau of Prisons under certain circumstances (i.e. institution emergencies, unforeseen circumstances, etc). The institution will make every effort to notify the contractor as soon as possible prior to cancellation.

These schedules are subject to change based on the variable needs of the institution(s) and the unpredictable nature of the correctional environment. Due to the nature of the correctional setting, delays in performance of work may be expected. Such delays may include, but are not limited to, inclement weather, electrical, medical concerns, mechanical problems, or any other security matter.

3.0 Education and Experience

The contractor or individual performing on behalf of the contractor as the technician must have hold valid certifications/licensure as required by the State of Arizona to perform tattoo removal.

The contractor will maintain credentialing files on all clinical staff performing services. The contractor must provide, with their quote, photocopies of documents evidencing ability to meet qualifications to perform required services in Arizona. Contractors must submit with their quote a resume, photocopies of documents evidencing education, training, and experience.

• Staff must be approved by the Bureau prior to providing services.

• The contractor shall hire key personnel to be approved by the Bureau to meet SOW requirements.

• The contractor will identify the key personnel by name, position, and responsibility.

• The contractor will staff all key personnel positions throughout the performance of the contract.

• The contractor will notify the Bureau in writing if any key personnel vacate a position permanently and indicate when an equivalent replacement will be made. The replacement staff must be equivalent in credentials and experience. The notification to the BOP will occur within three calendar days of the vacancy.

Examples of documentary evidence include licenses, diplomas, certifications, resumes, or other professionally accepted documentation. The contractor must meet all the requirements outlined in this Statement of Work and conform to the institution’s security requirements.

4.0 Supplies and Equipment

All necessary tattoo removal supplies shall be provided by the contractor.

All supplies, materials, and equipment are the responsibility of the tattoo removal services company including the services technician. A suitable designated area for the mobile unit will be supplied by the FCC Tucson. All supplies intended for use inside the secure perimeter by the contractor will be listed on an inventory sheet and approved by FCC Tucson in advance. Note:

All medical records remain the property of FCC Tucson in accordance with the Privacy Act of 1974. The contractor will be held responsible for any unaccounted for or lost equipment.

File Destruction The contractor is prohibited from replicating, forwarding, selling, or sharing any individual or entity documents without prior consultation and written authorization from the Bureau. Upon end of contract with the Bureau of Prisons, the contractor shall demonstrate in the quote the method of file destruction and provide quarterly certification to the COR.

5.0 Health Requirements

The contractor shall ensure that the Tattoo Removal Technician is free of infectious diseases.

Any individual performing as a Tattoo Removal Technician under this contract who subsequently develops a medical condition which might reasonably be expected to place other workers, patients, or the public at risk shall be immediately removed from activities requiring performance of invasive procedures and activities which might reasonably be expected to place other workers, patients, or the public at risk. In any such case, the Contractor shall be responsible, at no additional cost to the institution, for securing the services of any replacement personnel required to perform this contract.

6.0 Description of Duties

The services, being non-personal and professional in nature, will be provided in the method as considered appropriate in the local community, in accordance with BOP policies. These services, although not directly supervised, will be reviewed periodically by institution medical staff to ensure contract compliance. The performance of these services will be monitored and verified by the Contracting Officer’s Representative (COR).

6.1 Standards

A.R.S. R4-16-301 through 303 provides for a Supervising physician to delegate specific Medical procedures to a medical assistant Consistent with the CAAHEP Standards for An Accredited Educational Program for the Medical Assistant.

R12-1-1438. Tattoo Removal and Other Cosmetic Procedures Using Laser and Intense Pulsed Light A registrant must not permit an individual to use a medical laser or IPL device for tattoo removal procedures unless the individual completes an approved operator didactic training program of at least 40 hours duration; is directly supervised for at least 24 hours on the job by a licensed practitioner; and performs or assists in at least 10 tattoo removal procedures. The individual shall obtain this hands-on experience under the direct supervision of a licensed practitioner.

A registrant must ensure that the operator follows written procedure protocols established by a licensed practitioner; ensure that the operator follows any written order issued by a licensed practitioner, which describes the specific site of tattoo removal; maintain a record of each tattoo removal procedure protocol , maintain each procedure protocol onsite, and ensure that the protocol contains instructions for the patient concerning follow-up monitoring; design each protocol to promote the exercise of professional judgement by the operator “commensurate with the individual's education, experience, and training.”; require that a licensed practitioner observe the performance of each operator during actual procedures at intervals that do not exceed six months, maintain a record of the observation, verify that a licensed practitioner is qualified to perform tattoo removal procedures, and provide radiation safety training

Class 3 and Class 4 laser products used in the practice of medicine must have a means for measuring the level of laser radiation within specified range of error and a guard mechanism on the switch to control patient exposure and prevent inadvertent exposure.

Must calibrate a laser according to the manufacturer's specified calibration procedure, at intervals that do not exceed those specified by the manufacturer.

In a medical facility where several medical disciplines or a number of different practitioners use Class 3b and Class 4 lasers, a Laser Safety Committee must be formed to govern laser activity, establish use criteria, and approve operating procedures.

For Class 3b and Class 4 lasers, a Physician must also establish a written laser safety training program.

R12-1-1438. Tattoo Removal and Other Cosmetic Procedures Using Laser and Intense Pulsed Light

Requires “registration of any medical laser or IPL device that is a Class II surgical device, certified as complying with the labeling standards in 21 CFR 801.109”

Registrant must “ensure that the device is only used by a licensed practitioner or an operator who is working under the direct supervision of a licensed practitioner, or at minimum, an operator who is working under the indirect supervision of a licensed practitioner.”

“Ensure that a licensed practitioner purchases or orders the Class II surgical device that will be used for tattoo removal procedures.”

All duties shall be performed in accordance with standards and methods generally accepted within the field of tattoo removal services, and compliance with all Federal and State policy and regulations. The contractor shall adhere to all standards and regulations associated with all BOP Policy and Guidelines and the Local Policy and Procedures. The contractor’s performance shall be monitored by the COR. The contractor must have the ability to work with an inmate population from a variety of cultural, regional, racial and ethnic backgrounds. The contractor shall be responsible for, but not limited to:

1. Perform tattoo removal services using appropriate lasers. Tattoo removal services provided or made available by FCC Tucson are designed to meet the needs of patients in accordance with established BOP policies and procedures.

2. Perform removal of tattoo ink as directed by the Tattoo Removal Evaluation Board (TREB). The TREB will identify which tattoos will receive the contracted services.

Only those tattoos identified by the TREB are authorized for removal.

3. Any unauthorized tattoo removals will result in non-conformance of the contract and may result in unfavorable contract action.

4. Documentation will consist of written and color photo detailing each session by utilizing before and after photos of each session to document the services provided.

5. If complications arise at the time of services, contractor will immediately notify FCC’s health services staff and the NGU Intelligence Office.

6. Maintain tattoo removal areas in a clean and orderly fashion.

7. Work in conjunction with institution medical staff with clerical work and appropriately complete all necessary paperwork.

8. The contractor shall wear professional attire. Blue jeans, t-shirts, sneakers, sandals, and khaki or forest green clothing is not acceptable.

9. The contractor will be responsible for equipment, maintenance, transportation, delivery and set up of unit, tractors, trailers, power source for all equipment, drivers, complete maintenance/service coverage on all equipment, training, staffing insurance, site planning and consultation, marketing, and support

10. The contractor will prepare a log sheet detailing the number of patients, the name of the patient, procedures and sequences completed. All documentation prepared by contract personnel shall meet the following criteria to include timeliness, legibility, accuracy, content and signature.

11. The contractor shall provide the FCC Health Services Department and the NGU Intelligence Officer, the logs and digital copies of the photos taken of the results of the services accomplished in the performance of this contract, on CD, no later than the end of the same day. This means the same type of equipment would have to be used on a regular basis to prevent non-compatibility between the disk produced and the scanner available. The written report will be provided to the FCC Health Services Department and the NGU Intelligence Officer, within 3 business days of the scan being completed.

12. The contractor shall provide any supplies necessary to the inmate for post care.

The Government may evaluate the quality of professional and administrative services provided but retains no control over the medical and/or professional aspects of services rendered (i.e., professional judgments, diagnosis for specific medical treatment). These services, although not directly supervised, will be under the administrative review of the HSA and/or the designated

COR.

6.2 Policies, Procedures, and Regulations

The contractor shall adhere to all federal, state, and local laws and regulations in effect during the term of this contract. Contract staff shall adhere to all policies and procedures prescribed by the BOP relating to the safety, custody, and conduct of inmates.

6.3 Inmate Management

The contractor will not be responsible for the administrative management of inmates other than to ensure those inmates involved in activities within the contractor’s scope of work abide by all rules. Any violation of the institutional rules and regulations are to be immediately brought to the attention of the NGU Intelligence Officer in order for prompt and proper action.

All contract personnel providing services under the contract are required to attend an institutional orientation course. A “refresher” orientation must be completed annually. Reimbursement to the contractor for institution orientation or other security related training will be at the contract rate.

The COR will be responsible for scheduling training for all applicable staff.

6.4 Institution Security

All contract personnel providing services within the confines of the FCC shall have a complete background investigation conducted in accordance with BOP Program Statement 3000.03, Human Resource Management Manual.

7.0 Contractor Restrictions:

The contractor shall not:

1. Supervise inmates.

2. Supervise BOP staff.

3. Participate in inmate accountability.

4. Formulate policies or procedures.

5. Attend staff recalls or staff functions.

6. Be a member of the Employee’s Club.

7. Must adhere to Visiting Regulations

8.0 Quality Control Standards

The Government reserves the right to inspect and evaluate all services provided during the performance of this contract, the Government may conduct surveillance of any task, at any time, during the performance of this contract. All surveillance observations will be documented by the

COR.

When an observation indicates defective performance, the Contracting Officer may issue a Discrepancy Report to the contractor. The contractor shall address any Discrepancy Report in writing to the Contracting Officer within ten calendar days of notification, indicating any corrective action taken to rectify the deficiency.

8.1 Contract Monitoring

The Contracting Officer will appoint a COR for this project. The COR is responsible for monitoring contractor performance in accordance with the terms and conditions of the BPA and providing direction to the contractor which clarifies the effort, fills in details or otherwise serves to accomplish the contractual scope of work, and evaluates contractor performance.

The COR does not have the authority to alter the contractor's obligations under the BPA, direct changes that fall within the Changes Clause, and/or modify any of the expressed terms, conditions, specifications, or costs of this agreement. If as a result of technical discussions, it is desirable to alter/change the contractual obligations or requirements, the Contracting Officer shall issue such changes in writing under signature.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under the contract, and notwithstanding any provision contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the contractor affects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustments will be made in the contract price, delivery schedule, terms or conditions to cover any increase in costs incurred as a result.

The contractor shall submit requests for modifications to this contract to the Contracting Officer, with a copy of the request to the COR. Any Government requested additions or changes to the contract will be issued by the Contracting Officer to the contractor.

The contractor shall agree: the deliverable and associated working papers and other material which have been generated by the contractor in the performance of this contract are the property of the U.S. Government.

The Contracting Officer shall be the sole authorized official to release verbally, or in writing, any date, the deliverable, or any other written or printed materials pertaining to this project. The contractor shall release no information. Any request for information relating to this contract presented to the contractor must be submitted to the Contracting Officer for response.

The contractor’s performance shall be monitored by the COR or his/her designee on a routine basis. The ultimate award will result in a non-personal contract, as defined in FAR 37.401, under which the contractor is an independent contractor. This shall be a contractual agreement only and shall not be construed as a personnel appointment with the BOP. Payment to the contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results are obtained within the contractor’s own unsupervised determination. The contractor will not be subject to government supervision. The government may evaluate the quality of professional and administrative services provided but retains no control over the medical and professional aspects of services rendered.

9.0 Special Contract Conditions

9.1 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 February 2023 and with an anticipated effective date of award (EDOA) March 2023.

On or about the EDOA, FCC Tucson 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 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.

9.2 Performance:

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

Base Year – Base through 12 months Option Year 1 – 12 months through 24 months Option Year 2 – 24 months through 36 months Option Year 3 – 36 months through 48 months Option Year 4 – 48 months through 60 months

9.3 Point of Acceptance:

The point of acceptance destination is FCC Tucson located at 9300 South Wilmot Road, Tucson, AZ 85756.

9.4 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.

9.5 Contracting Officer’s Representative (COR):

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

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

b) Interpreting the scope of work;

c) Technical evaluation as required;

d) Technical inspection and acceptance;

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

f) Monitoring funds available for obligation;

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

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

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

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

In accordance with, FAR 37.401, the resulting contract shall be a non-personal services contract, as defined in Federal Acquisition Regulations (FAR) 37.101, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The contractor shall indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. The contract or shall maintain medical liability insurance as specified in this solicitation/contract. The contractor shall ensure that its subcontracts for provision of health care services contain the requirements of the clause at FAR 52.237-7, including the maintenance of medical liability insurance.

9.6 Medical Malpractice:

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

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

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

9.7 Quality of Patient Care/Discrimination:

The 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.

9.8 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".

9.9 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.

9.10 Payment Terms:

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

9.11 Contracting Officer Responsibility:

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

9.12 Contract Administration Office (CAO):

The Contracting Office at FCC Tucson is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 70; to the extent those functions apply to this contract.

This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

9.13 Ordering Official:

Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCC Tucson with an appropriate certificate of appointment. Each task order will identify the supply schedule for that period. Orders can be issued orally or electronic commerce methods. The OF-347, SF-1449, or purchase card acquisition form will be used as the task order. Task orders (RP’s) only to be completed by Contracting Officer or COR over seeing contract.

10.0 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.

After award and prior to the contractor’s employees accessing the Federal Bureau of Prisons facilities or information technology systems, all contractors and personnel utilized in the performance of the contract must complete a background investigation which will be performed by the Bureau, as stated below. This background investigation will include the following:

• Background Investigation (Tier 2)

• NCIC

• possess U.S. citizenship

• complete a fingerprint check

• sign a non-disclosure statement

• complete Information Security Awareness training

Upon award and Notice to Proceed, the contractor will be provided five (5) business days to submit names of any personnel employees with the required documentation in order to start the process of the background investigation by the Bureau of Prisons. Project manager (COR) will submit to HR Department all necessary outlined documents required to proceed with contract. A completed background investigation with a favorable adjudication, or an approved Bureau of Prisons background waiver will be completed prior to the contractor having any access to the Federal Bureau of Prisons facilities or information technology systems.

Waiver of the background check requirements would only be considered in the most demanding circumstances and would be determined by the Contracting Officer in consultation with the COR and must be approved by the Department of Justice.

The background investigation for contractors/personnel will be completed as quickly as possible.

A specific time period cannot be determined for completion due to reports being generated by various law enforcement components and (NBIB) completing the background.

The contractor shall ensure that persons having a relationship or association with a convicted person(s) are prohibited from engaging in the performance of services or any other form of contractor’s administration.

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 FCC. 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.

11.0 Privacy Act Notification:

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

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

BOP.

Disclosure of the appropriate medical record information without prior consent of the subject patient may be made by you to: another provider of health care treating the same patient; a federal or state agency as required by law such as the reporting of communicable diseases, births, deaths, or the commission of crimes (e.g., guns hot 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.

12.0 Schedule of Required Insurance:

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

13.0 Worker’s Compensation & Employers Liability:

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

14.0 Comprehensive General Liability:

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

Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer.

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

15.0 Professional Medical Liability:

In accordance with FAR 52.237-7, contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $1,000,000.

16.0 Statement of Equivalent Hires:

The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332

17.0 Department of Labor Wage Determination:

The applicable DOL Wage Determination for this procurement has been determined to be Wage Determination No. 2015-5435, Revision No. 12 dated 07/01/2020. The current revision of the determination is attached for informational purposes http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3