FCI MCKEAN OPTOMETRIST 02072022.pdf

UNITED STATES GOVERNMENT

memorandum

FEDERAL BUREAU OF PRISONS

Federal Correctional Institution, McKean Bradford, Pennsylvania 16701

February 7, 2022

RE: Request for Quote 15B20922Q00000004 Optometrist Services - FCI McKean, Pennsylvania

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, FCI McKean Contracting Office, for the provision of Optometrist Services. This package contains all necessary information to submit a quote.

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 for Commercial Items. Paragraph (t), System for Award Management (SAM), of this clause requires that all quoters doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database.

Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, all quoters SAM registration should include NAICS code 621320.

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

Quotes shall be received on or before the deadline of March 10, 2022, at 3:00 PM Eastern Time. Quotes shall be submitted electronically via email to jtryniak@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted. Quotes received after the quote deadline will be handled in accordance with FAR212-1(f).

Please submit any questions you may have in writing. Questions may be submitted via email to jtryniak@bop.gov.

Sincerely, //s// James Tryniak, Contract Specialist http://www.aptac-us.org/ mailto:jtryniak@bop.gov mailto:jtryniak@bop.gov.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B20922Q00000004

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/07/2022

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

03/10/2022 15:00 ET

CODE 15B209

Federal Bureau of Prisons FCI McKean

6975 ROUTE 59

Lewis Run, PA 16738

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 621320

SIZE STANDARD: 8 MIL

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B209CODE15. DELIVER TO

Federal Bureau of Prisons FCI McKean

6975 ROUTE 59

Lewis Run, PA 16738

CODE 15B20916. ADMINISTERED BY

Federal Bureau of Prisons FCI McKean

6975 ROUTE 59

Lewis Run, PA 16738

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BMCKCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI McKean

PO BOX 5000

Bradford, PA 16701-0950

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

CONTRACTOR SHALL PROVIDE OPTOMETRIST

SERVICES TO THE INMATE POPULATION AT THE

FEDERAL CORRECTIONAL INSTITUTION (FCI)

MCKEAN, IN LEWIS RUN, PA. IN ACCORDANCE

WITH THE STATEMENT OF WORK.

*MUST PROVIDE PROOF OF INSURANCE

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

James Tryniak

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B20922Q00000004 Page 1 of 24

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 OPTOMETRIST SERVICES AT FCI MCKEAN - BASE YEAR

EFFECTIVE DATE OF AWARD (EDOA) THROUGH 12 MONTHS

OPTOMETRY SERVICES ARE FOR TWO, (8) EIGHT-HOUR

CLINICAL SESSIONS AT INSTITUTION PER MONTH, FOR AN

ESTIMATE OF (192) TOTAL SESSIONS/HOURS PER YEAR.

PSC: Q512

192 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 OPTOMETRIST SERVICES AT FCI MCKEAN - OPTION YEAR

ONE

13 MONTHS FROM EDOA THROUGH 24 MONTHS

OPTOMETRY SERVICES ARE FOR TWO, (8) EIGHT-HOUR

CLINICAL SESSIONS AT INSTITUTION PER MONTH, FOR AN

ESTIMATE OF (192) TOTAL SESSIONS/HOURS PER YEAR.

PSC: Q512

192 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 OPTOMETRIST SERVICES AT FCI MCKEAN - OPTION YEAR

TWO

25 MONTHS FROM EDOA THROUGH 36 MONTHS

OPTOMETRY SERVICES ARE FOR TWO, (8) EIGHT-HOUR

CLINICAL SESSIONS AT INSTITUTION PER MONTH, FOR AN

ESTIMATE OF (192) TOTAL SESSIONS/HOURS PER YEAR.

PSC: Q512

192 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 OPTOMETRIST SERVICES AT FCI MCKEAN - OPTION YEAR

THREE

37 MONTHS FROM EDOA THROUGH 48 MONTHS

OPTOMETRY SERVICES ARE FOR TWO, (8) EIGHT-HOUR

CLINICAL SESSIONS AT INSTITUTION PER MONTH, FOR AN

ESTIMATE OF (192) TOTAL SESSIONS/HOURS PER YEAR.

PSC: Q512

192 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 OPTOMETRIST SERVICES AT FCI MCKEAN - OPTION YEAR

FOUR

49 MONTHS FROM EDOA THROUGH 60 MONTHS

OPTOMETRY SERVICES ARE FOR TWO, (8) EIGHT-HOUR

CLINICAL SESSIONS AT INSTITUTION PER MONTH, FOR AN

ESTIMATE OF (192) TOTAL SESSIONS/HOURS PER YEAR.

PSC: Q512

192 SS $________ $_________________

15B20922Q00000004 Page 2 of 24

STATEMENT OF WORK FOR

NON-PERSONAL OPTOMETRIST SERVICES

A. SUBJECT:

The Federal Bureau of Prisons intends to make an award for the provision of professional Optometrist services. The Optometrist shall provide services for the inmates incarcerated at the FCI McKean and SCP McKean Bradford, Pennsylvania. The government reserves the right to award without discussion and to award as a single award. Therefore, each initial quote should contain the quoter’s best terms from a cost or price standpoint.

Services will be for the Health Services Department for the period from date of award through twelve months, with the option of 4 additional years.

B. PLACE OF PERFORMANCE:

Services will be performed in the Health Services departments at the FCI McKean and SCP McKean, located in Lewis Run, Pennsylvania.

C. SCHEDULE:

Sessions will be scheduled between the hours of 6:00 A.M. - 4:00 P.M., Monday through Friday, excluding Federal Holidays. Each daily schedule will include a 30- minute unpaid lunch break. A session is defined as one (1) session which equals (1) hour in length. It is estimated the contractor complete two visits per month, with eight, one-hour sessions per visit. Each contractor should normally evaluate an estimated 20 to 35 patients per visit. FCI McKean is expected to require an estimated maximum of 192 sessions per contract year. The Contracting Officer Representative (COR) will be responsible for schedule times. (Exact times are negotiable).

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or other security matters. When a contractor reports to the institution, but is unable to perform services due to such delays, the contractor will be paid for two (2) sessions.

Normally, any remaining sessions for that day will be suspended and the contractor will be free to leave and the contractor will not be paid for the remaining unperformed sessions.

15B20922Q00000004 Page 3 of 24

However, if the institution requests that the contractor remain at the institution for eventual performance, the contractor will be paid for such sessions. In the event of any absence, the contractor will provide replacement coverage.

D. SUPPLIES:

FCI McKean will supply items routinely needed by the contractor. These include general medical necessities, including support personnel, facilities, equipment, supplies, utilities, janitorial, security, PPE, and other services related to the provision of Optometry services in a penial institution. If special equipment is required by the contractor, he or she must make a request in writing to the Health Service Administrator (HSA) of the Federal Correctional Institution, McKean, Pennsylvania. NOTE: All medical records remain the property of the FCI/SCP, McKean, Pennsylvania. (In accordance with the Privacy Act of 1974)

E. SCOPE OF SERVICES:

The contractor will be responsible for the following:

1. Submit properly priced invoices for services rendered.

2. Manage medical record information in a manner which promotes continuity of care while observing restriction on the release of information.

3. Maintain open avenues of communication, facilitating the exchange of information between the contract physician, contract facility, and the Government regarding the contract services.

4. Maintain waiting list, and scheduling of patients.

5. Daily maintenance of Optometry equipment, including advising CM when equipment requires professional maintenance or repair.

6. All duties shall be performed in accordance with standards and methods generally accepted within the fields of Optometry services, and compliance with all Federal and State policy and regulations.

7. The contractor shall adhere to all standards and regulations associated with the American Correctional Association Foundation/ Core Standards for Adult Correctional Institutes.

8. History and evaluations shall be completed as scheduled in conjunction with ACA regulations and BOP Health Services Policy.

9. Detailed medical records must be maintained. Each patient encounter will be recorded on official documentation.

15B20922Q00000004 Page 4 of 24

10. The contractor will advise/ communicate with the Clinical Director and the HSU staff on conditions pertaining to optometry, medical, and/ or surgical problems.

11. The contractor shall provide, on a non-discriminatory basis, routine refractions, eye examinations, and tonometry examinations.

12. The contractor will provide within documentation on all inmates examined and prescribe and make adjustments on eye wear, and will provide referral services to the Clinical Director for eye pathologies.

13. The contractor will not be responsible for prescribing medications to inmate patients.

F. METHOD OF PERFORMANCE:

The contractor has sole responsibility and discretion for choosing and implementing the manner and method performing tasks outlined in this Statement of Work as long as the requirement are met in accordance with the policies described above. The services are professional in nature and will be commensurate with the ACA standards of care. The methods utilized will meet medical practices established in the local community. These services, although not directly supervised, will be monitored by the Health Service Administrator and/or COR.

In accordance with FAR 37.401, services provided are for non-personal health care services, as defined in Federal Acquisition Regulations (FAR), Part 37.101, under which the company is an independent contractor. 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. The contractor is required to indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance.

G. INSTITUTION SECURITY:

The company agrees to adhere to all regulations prescribed by the institution for the safety, custody and conduct of inmates. The Program Managers at the institution are responsible for appropriate vouchering, law enforcement checks. The Human Resource personnel will ensure all steps are completed and establish a security file that will be maintained on each contract employee.

15B20922Q00000004 Page 5 of 24

The following investigating procedures will be applied and appropriate forms completed BEFORE an individual is permitted inside an institution.

1. National Crime Information Center check (NCIC)

2. DOJ -99 (name check)

3. FD-258 (finger print check)

4. DOJ-555 Credit Disclosure

5. Law enforcement Agency check

6. Vouchering of Employment over the past five years.

7. Resume/personal Qualification.

8. OPM 329-A (Authorizing for release of information)

9. NACI or MBI check ( if Applicable)

10. Urinalysis test (if applicable read below)

HSPD-12: In addition, contractor employees must agree to a urinalysis test for detection of marijuana and other drug usage). A positive urinalysis will result in exclusion of the individual. The contractor will provide an acceptable replacement person subject to the same security requirements.

Contractor Class: The contracting staff will be required to attend an initial four hour orientation and annual two hour security training program provided by the institution prior to assuming institutional involvement. This orientation will be provided by the Health Services Department in conjunction with Human Resources, Computer Services, and include: Institutional Safety and Security, Contraband and Security, Personal Safety, Entrance Procedures, Freedom of Information and Privacy Act, Volunteer Professionalism, Position and Program Orientation, Sexually Abusive Behavior Prevention and Intervention Program, Standards of Conduct, Workplace Violence, Volunteer Clearance Procedures and Information Security. This orientation will be coordinated by the designated Contacting Officer Representative (COR). Reimbursement for the time spent in institution security orientation or other periodic security-related training will be prorated at the contract rate.

Escort/Institutional Badges: Contractor personnel shall be escorted by a FBOP staff member at all times. Institutional identification badges will be issued to every contractor upon entry and displayed at all times. They are to be collected upon exiting the institution.

15B20922Q00000004 Page 6 of 24

CONTRACTOR RESTRICTIONS: The contactor cannot:

1. Supervise BOP staff.

2. Participate in inmate accountability.

3. Requisition, sign for or pick up supplies.

4. Formulate policies or procedures.

5. Attend recalls or staff functions.

6. Supervise inmate population.

7. Be a member of the Employees Club

H. INMATE MANAGEMENT:

The staff will have involved himself/ herself in the Institution Familiarization program as required by policy. He or she is to be constantly aware of security and maintain a professional relationship with the inmates at all times. Any violation of the institutional rules and regulations are to be brought to the attention of an appointed government employee in order for prompt and proper action. The contract staff will not be subject to government supervision, except for security related matters. However, their performance will be closely monitored.

I. SPECIAL QUALIFICATION REQUIREMENTS:

The contractor must be registered and licensed with the proper authorities to provide requested services in the statement of work in the State of Pennsylvania. In addition, the personnel operating the equipment must be experienced and certified to perform requested studies and tests within the State of Pennsylvania. Responsibilities will also include providing verification of credentials (education, current licensor/status or competency, continuing medical education, peer references, and acceptable findings in National Practitioners Data Bank Inquiry) and proof of malpractice insurance.

The contractor must also provide a copy of the following:

1. Resume

2. License, diploma and/or certificates to support stated qualifications.

3. Three letters of reference

4. Proof of Hepatitis B vaccination

5. Annual proof of tuberculin skin test or chest radiography

6. Proof of Healthcare Provider CPR

7. Copy of their insurance certification

15B20922Q00000004 Page 7 of 24

The contracting company is required to maintain liability insurance, in a coverage amount of $1,000,000 per occurrence, which will not be less than the amount normally prevailing within the local community for the medical specialty concerned. The contractor is required to ensure that all subcontracts for provisions of health care services contain the FAR Clause 52.237-7, including the maintenance of medical liability insurance. These services, although not directly supervised, will be under the administrative review of the Health Service Administrator. The performance of these services will be verified by the designated COR.

The contractor must specifically identify the individual who will be performing these services under any subsequent contract award. The contractor must provide proof that their candidate meets all qualifications. The candidate’s name and qualifications must be submitted at the time the quote is submitted. Contractor must submit with their quote a resume, photocopies of documents evidencing education, license, certification, and training.

J. NON-PERSONAL POSITION:

The services provided are a contractual arrangement and not a personnel appointment.

Payment is based on the provision of an end product or the accomplishment of a specific result or service. The service does not constitute an employer/employee relationship.

The contractor will not be subject to government supervision, except for security related matters. However, the contractor’s performance will be closely monitored. A COR will be appointed to monitor the performance of the company minimum, quarterly monitor reports will be provided to the Contracting Officer indicating the performance level.

Performance Periods:

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

K. EVALUATION AND AWARD BASIS:

The Federal Correctional Institution, McKean, Pennsylvania intends to award this contract to the responsive bidders who meet all special requirements. In additional, the following evaluation factors will be used to evaluate all bids.

15B20922Q00000004 Page 8 of 24

Best Value – Price Technical Past Performance

The bidder must meet all the requirements outlined in this Statement of Work and throughout the Contract/Solicitation document to include the special security requirements listed.

L. INVOICES / PAYMENT

Invoices must be submitted monthly by the company. A summarized listing of sessions performed during the respective month must be submitted to:

FCI McKean Accounting Supervisor P.O. Box 5000 Bradford, PA 16701

Payment will be made in accordance with the Prompt Pay Act which is Net 30 Terms upon acceptance of services or receipt of an invoice. No taxes will be withheld. A Form 1099 will be supplied to the contractor and IRS upon completion of each calendar year.

Contractors must be registered on the System for Award Management website at www.sam.gov.

15B20922Q00000004 Page 9 of 24 http://www.sam.gov/

Section 2.1 – General BPA Terms and Conditions

Initiating Contractor Performance: The contractor shall commence full performance of services by completing and submitting all required paperwork to initiate the background clearance process no later than three (3) calendar days after the issuance of a BPA Call/task order.

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

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.

Acceptance: The point of acceptance for services shall be the Requisitioning Office (as identified on the Optional Form 347, Block 10). 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.

Non-personal Status: The service is a contractual arrangement and not a personnel appointment. Payment is based on the provision 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 Providers: This BPA is for a non-personal healthcare service 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.

Quality of Patient Care/Non-Discrimination: The professional service providers will provide Bureau patients under the terms of this BPA the same or equal services to those provided to non- Bureau patients. Professional service providers shall be provided within accepted professional standards.

The contractor agrees to make no distinction among patients under this BPA on the basis of race, color, creed, national origin, or physical condition. For this BPA, 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; 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 BPA; subjecting a patient to segregation or separate treatment in any manner

15B20922Q00000004 Page 10 of 24 related to his receipt of any service; restricting a patient in any way in the enjoyment of an advantage or privilege enjoyed by others in determining whether he satisfies any admission, enrollment quota, eligibility, membership or other requirement or condition which an individual must meet in order to be provided any service or benefit; the assignment of time or places for the provision of services on the basis of race, color, creed, or national origin of the patients served.

Third Party Liability: Public Law 87-693 (42 U.S.C. 2651) provides that the United States shall be entitled to recover the reasonable value of hospital and medical care and treatment furnished or to be furnished to a person who suffers any injury or disease under circumstances indicating the 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".

Health Care Provider Credential Verification, Privileges, and Practice Agreement Program: Health care service employees are subject to Program Statement 6021.02, Health Care Provider Credential Verification, Privileges, and Practice Agreement Program, dated 10/12/2016. This program statement is available at www.bop.gov.

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-BOP 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.

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. Contractor employees are allowed access to the institution at the sole discretion of the Warden of the institution.

The Requisitioning Office (as identified on the Optional Form 347, Block 10) is responsible for conducting the appropriate law enforcement check on all contractor staff that may need access inside the prison facility. The following investigative procedure will be performed:

National Crime Information Center (NCIC) Check;

Declaration of Federal Employment (OF-306);

FD-258 - Fingerprint Check;

Law Enforcement Agency Check;

Vouchering of Employers;

Employment Resume;

Completed Contractor Pre-employment Questionnaire;

Release of Information;

Questionnaire for Sensitive Positions;

15B20922Q00000004 Page 11 of 24 http://www.bop.gov/

Credit Check, if applicable.

In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded and the Contractor shall provide acceptable replacement personnel subject to the same security requirements. Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

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 the Requisitioning Office (as identified on the Optional Form 347, Block 10).

15B20922Q00000004 Page 12 of 24

Section 3 – BPA Clauses

The following clauses will apply to orders placed and accepted between the Government and contractor pursuant to this BPA.

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

www.acquisition.gov/far

[End of clause]

52.222-17, Nondisplacement of Qualified Workers (May 2014)

52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)

52.21-603-70 Contracting Officer’s Representative (COR) (June 2012)

(a) The HSA will be designated as the Contracting Officer's Representative (COR) under this

BPA.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor 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)

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance(acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

15B20922Q00000004 Page 13 of 24 http://www.acquisition.gov/far

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum

Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated.

If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract

15B20922Q00000004 Page 14 of 24 for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy.

Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit

15B20922Q00000004 Page 15 of 24 http://www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf check is required as part of the pre-appointment waiver package.

(End of Clause)

52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (Jun 2004) For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. Worked for the U.S. overseas in a Federal or military capacity; or

3. Been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries:

http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

(End of Clause)

52.218-000 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (MAY 2008) During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee- ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are:

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

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

• Determine how all employees who may telework will communicate with one another and with

15B20922Q00000004 Page 16 of 24 http://www.opm.gov/employ/html/citizen.htm management to accomplish work.

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary.

This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations. The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of Federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2 Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

(End of Clause)

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

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

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

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

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition.

Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

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

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

DJAR-PGD-15-03 Security of Department Information and Systems (Apr 2015)

15B20922Q00000004 Page 17 of 24

I. Applicability to Contractors and Subcontractors This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information

(1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) Information.

E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information.

III. Confidentiality and Non-disclosure of DOJ Information A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S. Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in

15B20922Q00000004 Page 18 of 24 any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).

IV. Compliance with Information Technology Security Policies, Procedures and Requirements A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:

1. Limiting access to DOJ Information and Covered Information Systems to authorized users…