Attachment II - Special Conditions_1.pdf

ATTACHMENT II - SPECIAL CONTRACT CONDITIONS

TYPE OF BPA: The Government contemplates a single award BPA with firm-fixed unit prices. It is anticipated that a single award of a BPA will result from this solicitation with an approximate award date of May 25, 2022.

The effective date of award is anticipated to be June 1,2022.

The resulting BPA will include four 12-month option periods for renewal at the unilateral discretion of the Government.

NONPERSONAL SERVICES STATUS: Award of this BPA will result in a contractual arrangement only and shall not be construed as a personnel appointment with the Bureau of Prisons. The services shall not constitute an employer/employee relationship. Payments to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the contractor's own unsupervised determination. The Contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

The resulting BPA shall be a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the Contractor is an independent Contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The Contractor shall indemnify the government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance. The Contractor shall maintain medical liability insurance in the amount(s) of per specialty per occurrence $1,000,000/$3,000,000. The Contractor is required to ensure that its subcontracts for provision of health care services contain the requirements of the clause at FAR 52.237-7, entitled “Indemnification and Medical Liability Insurance,” including the maintenance of medical liability insurance.

REVIEWS: The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this BPA. All records shall be subject to review by the Contracting Officer or other representative of the Bureau of Prisons (BOP).

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. The provider shall furnish medical information including a narrative summary when requested by the Contracting Officer or designee. Adequate records shall be maintained to reflect accuracy with respect to claims submission as other delegated representatives of the BOP.

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

BPA PERFORMANCE: The anticipated periods of performance include:

Base Year: Effective Date of Award through 12 months from Effective Date of Award Option Year 1: 13 through 24 months from Effective Date of Award Option Year 2: 25 through 36 months from Effective Date of Award Option Year 3: 37 through 48 months from Effective Date of Award Option Year 4: 49 through 60 months from Effective Date of Award

The Contractor shall commence performance of the services by immediately providing paperwork for a background clearance of their employee and commence full performance of the services under this BPA within 15 calendar days after background clearances are obtained. In accordance with FAR 46.403 and 46.503, the place of acceptance for services under this BPA is at the destination of the appropriate institution. The Contractor shall provide the contract services independent of Government supervision.

BPA ADMINISTRATION: Authority to negotiate changes in the terms, conditions, or amounts cited in this BPA is reserved to the Contracting Officer (CO). After BPA award, this responsibility will be delegated to an

ATTACHMENT II - SPECIAL CONTRACT CONDITIONS

Administrative Contracting Office by the Contracting Officer. In accordance with FAR 42.202 and 42.302, the Federal Medical Center Rochester, 2110 E Center St, Rochester, MN 55904, is assigned to be the Contract Administration Office (CAO) for this BPA. This assignment carries with it the authority to perform all normal contract administration functions listed in FAR 42.302(a), items (1) through (70); to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items (1) through (11).

Contracting Officer Responsibility: Authority to negotiate changes in terms, conditions, or amounts cited in this BPA is reserved to the Contracting Officer. This responsibility after award will be delegated to an Administrative Contracting Officer by the Contracting Officer.

Ordering Procedures: Task orders issued, by BPA call, under the resulting BPA will take the form of a BOP purchase request or purchase card acquisition. Task orders may be issued by the awarding Contracting Officer, Administrative Contracting Officer, or an ordering official for the institution with an appropriate certificate of appointment or a delegation of authority for credit card purchases.

CONTRACT OFFICER’S REPRESENTATIVE (COR): The COR for this BPA is the FMC Rochester Contracting Staff, FMC Rochester. The COR is responsible for: a). Monitoring progress, including surveillance and assessment of performance; b). Interpreting the scope of work; c). Performance evaluation as required; d).

Performance inspection and acceptance; e). Assisting in the resolution of performance problems encountered by the service provider during contract performance; f). Monitoring funds available for obligation; g). Ensuring that invoices and payments are processed in a timely manner; h). Assisting in the resolution of administrative problems experienced by the service provider during the contract performance.