BPA Special Conditions Hay Baling Services NAICS 115113.pdf

U.S. Department of Justice Federal Bureau of Prisons

Federal Correctional Institution

4001 Leopard Drive Texarkana, TX 75505-9500

April 10, 2023

FCI Texarkana – NAICS 115113 Hay Baling Services

BPA Special Conditions

Initiating Contractor Performance:

The contractor shall initiate performance under this BPA by submitting required documentation to initiate security clearance of potential personnel no later than 3 calendar days after the effective date of award of the BPA.

Contracting Officer Responsibility:

Authority to negotiate changes in terms, conditions, or amounts cited in this BPA is reserved to the Administrative Contracting Officer at FCI Texarkana. This responsibility after award will be the Administrative Contracting Officer that awards the BPA.

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 BOP.

Point of acceptance:

The point of acceptance of services shall be the FCI Texarkana.

Non-Personal Services:

The service is a contractual arrangement for and not a personnel appointment.

Payment is based on the provision of an end product or the accomplishment of a specific result. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored.

Healthcare Insurance Status:

The resultant BPA is for a non-personal Hay Baling Services provider. The contractor will be 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. The contractor must indemnify the Government for any liability producing act of omission by the contractor, its employees and agents occurring during performance.

The contractor must maintain medical liability insurance in the amount of $1,000,000 per occurrence/$3,000,000 aggregate. Any subcontracts for the provision of services must contain the requirements of the clause at FAR 52.237-7, "Indemnification and Medical Liability Insurance," including the maintenance of medical liability insurance.

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 potential legal liability of another person. This other person is commonly referred to as the "third party" since his/her negligent act or failure to act caused an injury or disease to the "first party" requiring medical treatment by or at the expense of the United States, the "second party".

Privacy Act Notification:

The BPA will require contracted staff to operate a system of records and maintain documentation that will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards for adult health care. The contractor and/or staff are not authorized to disclose this or any information pertaining to an inmate to any non-Bureau source. Any requests for such information shall be forwarded to the Contracting Officer or COR for proper disposition.

Security and Investigative Requirements:

The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the institution property. 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 BPA. Contract employees are allowed access to the institution at the sole discretion of the CEO of the institution.

The program manager at FCI Texarkana is responsible for conducting the appropriate law enforcement check on all contractor staff that may need access to Federal Government Property, including all hay fields.

The following investigative procedure will be performed:

(1) National Crime Information Center (NCIC) check;

(2) Declaration of Federal Employment (OF-306);

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

(9) Questionnaire for Sensitive Positions;

(10) Credit Check, if applicable

(11) Urinalysis if applicable;

Quoters should also note that BPA clause 52.24-403-70, Notice of Contractor Personnel Security Requirements (Oct 2005) requires that contractor personnel have a “favorable credit report.” Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to FCI Texarkana.

By submitting a quote for service, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearance will be unable to enter the Bureau facility. Any individual employed by the contractor who is deemed not suitable by the Bureau requirements will not be granted access to perform services under the BPA. This is a condition of the BPA. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens.