Request for Quote Orthotics Prosthetics Services FCC Butner.pdf

Field Acquisition Office Grand Prairie, Texas 75051

RE: Request for Quote 15BFA023Q00000069 Orthotics & Prosthetics Services Federal Correctional Center-Butner, NC

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Orthotics & Prosthetic Services for FCC Butner. This package contains all necessary information to submit a quote.

Quoters should consider all information provided herein when submitting quotes. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of your quotes.

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 Unique Entity ID (UEI) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees UEI 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 621399.

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 November 1, 2023, at 09:00 a.m. Central Time.

Quotes shall be submitted electronically via email to kdupas@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 FAR 212-1(f).

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

Sincerely, //s//

Keith Dupas, Contracting Officer

U.S. Department of Justice Federal Bureau of Prisons Administration Division http://www.aptac-us.org/ mailto:kdupas@bop.gov mailto:kdupas@bop.gov mailto:pas@bop.gov

15BFA023Q00000069 Page 1 of 55

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15BFA023Q00000069

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

010/17/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Keith Dupas 972-352-4530 kdupas@bop.gov

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

TIME

11/01/2023 09:00 CT

CODE 15B106

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, TX 75051

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

621399

SIZE STANDARD:

$10,000,000

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B106CODE15. DELIVER TO

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

CODE 15B10616. ADMINISTERED BY

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

BBUXCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Butner

PO BOX 999

Butner, NC 27509

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 NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

To perform Prosthetic and Orthotic Services according to the Statement of Work at FCC Butner, NC.

Firm Fixed Price

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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: REFERENCE _____________________________

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)

Keith Dupas

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

X

15BFA023Q00000069 Page 2 of 55

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Prosthetic & Orthotic Services per Statement of Work.

Base Year: Effective date of award (EDOA) through 12 months from EDOA.

Orthotics/Prosthetics (New Fittings/Repairs/ Adjustments)

Estimated Visit Duration - 4 hours

Estimated Visit Quantity - 96 annually

Orthotics:

Orthotic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

Prosthetics:

Prosthetic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

PSC: Q201

Base Period

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Prosthetic & Orthotic Services per Statement of Work.

Base Year: 13 months from the Effective date of award (EDOA) through 24 months

Orthotics/Prosthetics (New Fittings/Repairs/ Adjustments)

Estimated Visit Duration - 4 hours

Estimated Visit Quantity - 96 annually

Orthotics:

Orthotic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

Prosthetics:

Prosthetic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

PSC: Q201

Option Period

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Prosthetic & Orthotic Services per Statement of Work.

Base Year: 25 months from Effective date of award (EDOA) through 36 months.

Orthotics/Prosthetics (New Fittings/Repairs/ Adjustments)

Estimated Visit Duration - 4 hours

Estimated Visit Quantity - 96 annually

Orthotics:

Orthotic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

Prosthetics:

Prosthetic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

PSC: Q201

Option Period

12 MO $________ $_________________

15BFA023Q00000069 Page 3 of 55

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Prosthetic & Orthotic Services per Statement of Work.

Base Year: 37 months from Effective date of award (EDOA) through 48 months.

Orthotics/Prosthetics (New Fittings/Repairs/ Adjustments)

Estimated Visit Duration - 4 hours

Estimated Visit Quantity - 96 annually

Orthotics:

Orthotic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

Prosthetics:

Prosthetic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

PSC: Q201

Option Period

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Prosthetic & Orthotic Services per Statement of Work.

Base Year: 49 months from Effective date of award (EDOA) through 60 months from EDOA.

Orthotics/Prosthetics (New Fittings/Repairs/ Adjustments)

Estimated Visit Duration - 4 hours

Estimated Visit Quantity - 96 annually

Orthotics:

Orthotic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

Prosthetics:

Prosthetic Services minus ____% Discount or plus ____ Premium to Medicare Part B, Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas.

PSC: Q201

Option Period

12 MO $________ $_________________

Aggregate Grand Totals (Base plus all option_______________________

Continuation of Standard Form 1449

Section 2.1 – Pricing Methodology

Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year requirement. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

2.2 Statement of Work

Subject:

The Federal Bureau of Prisons, Field Acquisition Office in Grand Prairie, Texas intends to make a single award of an indefinite delivery/requirements type contract with firm fixed pricing for the provision of Orthotics & Prosthetic Practitioner Services at the Federal Correctional Complex (FCC) located in Butner, North Carolina. The FCC includes the Federal Medical Center (FMC), the Federal Correctional Institution (FCI), the Federal Prison Camp (FPC), and the Low Security Correctional Institution (LSCI). This will be a contractual arrangement between the contractor and the Federal Government and does not constitute an employer/employee relationship. The contractor must accomplish a specific result without supervision, according to the work statement, within the contractor’s own determination. The contractor is required to complete all tasks outlined in the Statement of Work by applying whatever methods are deemed appropriate, consistent with professional standards and BOP policy.

Place of Performance

Federal Correctional Center (FCC) P. O. Box 1000 Old Highway 75 Butner, NC 27509-1000

Performance of this contract will be at all facilities that fall under FCC Butner.

A. Technical Requirements The contractor is responsible for the provision of the services listed below:

Provide professional medical services in the field of orthopedic appliance application and/or orthopedic footwear installation. Applications may include upper extremity, lower extremity, individual inner/outer footwear needs, and any other custom appliances as determined by the Clinical Director. Please note that some orthotic footwear needs, such as relatively simple insert needs will be provided by BOP employees employed at either FCC Butner or elsewhere. The contractor shall supply the following: (annual estimated quantities -no guaranteed minimum quantity):

· Orthopedic Footwear: i.e., HCPCS codes L3225 through L3251 Estimated Quantity: 20

· Below The Knee Prosthetic: i.e., HCPCS codes L5620, L5540, L5301, L5637, L5655 and L5668 Estimated Quantity: 4

· Above the Knee Prosthetic: i.e., HCPCS codes L5624, L5590 and L5321 Estimated Quantity: 2

· Lower Limb -Ankle-Foot: i.e., HCPCS codes L1900 through L1990 Estimated Quantity: 28

· Lower Limb Knee: i.e., HCPCS codes L1800 through L1885 Estimated Quantity: 15

Note: The above stated quantities and L codes listed are only provided as an estimate of need and for purposes of responding to the solicitation. These and other L codes not listed may be utilized during the term of the agreement.

The contractor shall also perform repairs to prosthetic devices as deemed necessary by the Hospital Administration.

B. General Experience The contractor must have a minimum of two years’ experience performing Orthotics/Prosthetics skills. The contractor must have the ability to work with an inmate population from a variety of cultural, regional, racial and ethnic backgrounds. Experience working with an inmate population is preferred, however, is not required.

C. Professional Certification The contractor must be certified as a Orthotics/Prosthetics professional from an accredited school and have two years’ experience in this field. 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.

The contractor must maintain malpractice insurance coverage of $1,000,000.00. The offeror shall provide a copy of all the above stated qualifications with their quote to the contracting officer. Contractor shall be a Medicare provider that is not under any sanctions nor have any administrative or criminal remedies or penalties pending.

D. Supplies Apart from specialized supply items incorporated into the Health Care Procedure Coding System (including all so-called “L code” items), all clinic supplies that the contractor may routinely need will be provided by FCC Butner. These supplies will normally include any materials needed to perform the services covered under this contract. All medical records remain the property of FCC Butner in accordance with the Privacy Act of 1974.

E. Period of Performance This will be a firm fixed price, indefinite delivery, requirements contract that is based upon valid L Code billings via the prior mentioned Medicare based payment methodology. The period of performance will be for a base period and four one-year option periods. The work schedule will consist of TWO clinics per month that will last an estimated projected four hours. The total projected clinic hours will be approximately 96 hours per year. The work schedule will include at least one 15-minute break period. Any deviation from this schedule shall require the prior approval of the COR. Hours of work must be during normal workdays and hours, Monday through Friday, 7:30 a.m. - 4:00 p.m., excluding official Federal Government holidays. While the growth in service needs over the term of the contract are projected to remain constant, should there be a substantial increase in patient referrals to FCC Butner, it is possible that there could be a corresponding substantial increase in demand for orthotic/prosthetic services over and above the projections included in this Statement of Work. The successful offer must be able and willing to meet any now unforeseen additional workload during the contract term.

F. Special Considerations The contractor may be required to submit to testing for or provide evidence acceptable to the Clinical Director of recent testing for Tuberculosis or other communicable diseases as might be required by the Clinical Director.

Failure to submit to testing for or provide acceptable evidence of recent testing for or immunity to, selected communicable diseases shall be grounds for denying access to inmates and may result in termination of the contract.

All hours worked must be documented by the contractor by showing the total number of hours worked on the “Log of Consultants Visit” form with each entry being signed and dated by the contractor. Contractor shall immediately inform the COR in writing of any claims made, lawsuits filed or other legal actions that might occur because of the contractor’s practice of his/her profession, not only as a result of services performed at a BOP facility, but also those involving any setting in which services of a nature substantially similar to services contracted for by FCC Butner are being performed.

Contractor shall immediately inform the COR in writing of any adverse action taken by any State regulatory body involving certification. This includes, but is not limited to, suspensions, revocations, restrictions on practice or prescribing and reprimands.

G. PRICING METHODOLOGY

All price quotes shall be calculated from a benchmark utilizing Medicare reimbursement methodologies. The submitted quote must include this methodology. For each category of service to be provided, Offerors should provide an amount equal to or propose a variance from the benchmark Medicare rate in the form of a discount from or a premium to Medicare rates established by the Centers for Medicare & Medicaid Services.

Medicare Part B Physician Services: The Medicare benchmark to be utilized for all physician services covered by Medicare Part B shall be those rates established in the most current Medicare Part B Fee Schedule for the Raleigh/Durham and Oxford, North Carolina service areas. The benchmark charges shall be those established for participating providers.

The rates established in the resulting contract shall not be construed as participation in the Medicare program;

rather, contract rates will merely be equated to Medicare rates of reimbursement. This pricing methodology is not intended to be restrictive of any offer. If during the term of the contract it is determined that a necessary contract deliverable is not covered by Medicare reimbursement methodologies, a separate rate shall be negotiated for such deliverable(s).

During the course of the contract, the dollars charged per unit of service might change as Medicare payments change for North Carolina providers. However, the percentage of Medicare payment methodology will not. As an example, by a provider stating he will accept Medicare assignment payment methodology as payment in full (100% of Medicare payment methodology) for all services provided, this means that methodology must be used for all billings directly related to orthotic/prosthetic services provided at FCC Butner and not just for the example L codes discussed elsewhere in the Statement of Work. FCC Butner cannot accept electronic billing for services rendered. All billings for services rendered must be received at the FCC Business Office within 90 days of service or the potential financial obligation will be null and void.

H. Total Use workload projections included in this Statement of Work and Medicare L code current rates for North Carolina providers.

2.3 Special Contract Conditions:

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 November 2023 and with an anticipated effective date of award (EDOA) of December 1, 2023. On or about the EDOA, FCC Butner 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 from the effective date of award (EDOA) through September 30, 2024. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 52.217-9, "Option to Extend the Term of the Contract.”

Performance Period(s): The anticipated effective date of award (EDOA) is December 1, 2023.

Base year: Effective Date of Award (EDOW) through September 30, 2024 Option Year 1: October 1, 2024 through September 30, 2025;

Option Year 2: October 1, 2025 through September 30, 2026;

Option Year 3: October 1, 2026 through September 30, 2027;

Option Year 4: October 1, 2027 through September 30, 2028;

Point of Acceptance: The point of acceptance for services is FCC Butner.

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.

The resultant Contract 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 Contract 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 contract based on 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; 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.

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".

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.

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.

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.

Contract Administration Office (CAO): The Contracting Office at FCC Butner 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.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCC Butner with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods. Task orders will take the form of a SF-1449.

Medical Malpractice. Except as provided elsewhere in this contract, the contractor shall provide and maintain medical malpractice and such other insurance during the 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 contract employee, regardless of the final judicial decision, the physician may lose his/her privileges to practice at the BOP.

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 contract 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.

Contract Security/Investigative Requirements: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance.

The following investigative procedures may be applied, and appropriate forms completed before any Contractor employees are permitted inside an institution:

(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 (SF-85 for Low Risk, SF-85P for above low risk);

(10) Credit Check, if applicable;

(11) Urinalysis, 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.

Schedule of Insurance: In accordance with 28.307-2, (a) Workers’ compensation and employer’s liability.

Contractors are required to 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 contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at 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. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Dec 2022) The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4, Contract Terms and Conditions – Commercial Items.

FAR 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 address: www.acquistion.gov/far

Clause Title 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (March 2023)

52.232-18 Availability of Funds (Apr 1984)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.228-5 Insurance-Work on Government Installation (Jan 1997)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

52.224-1 Privacy Act Notification (April 1984)

52.224-2 Privacy Act (April 1984)

FAR 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on http://www.acquistion.gov/far

Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M- 23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

FAR 52.216-18, Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the current performance period through the last day of the current performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than deliverable as identified in Schedule of Services, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of the estimated quantities in the Schedule of Items within the current performance period; or

(2) Any order for a combination of items in excess of the estimated quantities in the Schedule of Items within the current performance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

FAR 52.216-21 Requirements (Oct 1995)

(a) This is a requirement contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period. (End of Clause)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause shall not exceed 5 years.

(End of clause)

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

FAR 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The 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: *$1,000,000.00 per occurrence/3,000,000.00 aggregate.

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

* Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medical specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests.

(End of clause)

JAR 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)

(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 Technical 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)

JAR 2852.201-70 Contracting Officer’s Representative (COR) (NOV 2020)

(a)Philip Chorosevic, FCC Butner has been assigned as the Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services 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)

BOP 2852.242-71 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011)

The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor’s performance will be evaluated in accordance with FAR 42.15.

Contractor monitoring reports will be prepared by the Contracting Officer’s Representative (COR) and maintained in the file. In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive and e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contractor is registered in CPARS. The e-mail will contain a “user ID” and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point. (End of cause)

----------[END OF ADDENDUM TO FAR 52.212-4] -----------

DOJ-01 WHISTLEBLOWER CLAUSE (OCT 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute…