RFPP01061100005 Dialysis-Nephrology for FCC Butner NC.pdf

U.S. Department of Justice

Federal Bureau ofPrisons

Field Acquisition Office

us. Armed Forces Reserve Complex Grand Prairie, Texas 75051

January 31, 2012

Re: RFPPOI061100005, Dialysis/Nephrology Services Federal Correctional Complex (FCC) Butner, North Carolina

Dear Offeror:

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, the acquisition of Dialysis/Nephrology Services for inmates at FCC Butner, North Carolina.

The solicitation package includes the following:

Cover Letter (2 Pages and 2 attached forms) Solicitation (15 Pages) Attachments (50 Pages)

This package contains a total of 69 pages and has all the necessary information for submitting a proposal for evaluation. When submitting a proposal, offerors should consider all information provided in the solicitation. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of offers.

A site visit is scheduled for Tuesday, March 6, 2012 at 9:00 am.

Please meet in the front Lobby of the Federal Medical Center, Butner, North Carolina. If you plan to attend, the two (2) attached forms to this cover letter must be completed and submitted to the contracting officer before Wednesday, February 22, 2012 at 2: 00 pm. You may email the completed rms to ksambrookes@bop.gov or fax to 972-352-4545.

Any forms received after the deadline will not be accepted. NO EXCEPTIONS! No questions will be answered during the te visit;

therefore, please submit any questions from the site to the contracting officer who will post answers to all questions on the FBO website.

mailto:ksambrookes@bop.gov

Sealed proposals shall be received on or before the deadline of March 22, at 2:00pm Central Time. Proposals shall be submitted to the following address:

Kristi Sambrookes, Contract Specialist Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

Mailed and hand-carried proposals must be delivered to the Contracting Officer or Contract Spec list at the address shown above no later than the time specified as the deadline receipt of proposals. The of cial point of receipt for hand-carried proposals will be in the receptionist's area on the first floor at the address listed above.

Proposals received after the deadline will be processed in accordance with FAR 52.212-1{f).

Please place any questions you may have in writing and fax them to my attention at 972-352-4545 or email at ksambrookes@bop.gov. We will consider all questions received and provide responses when appropriate.

If you have any questions or concerns, please contact me at

972-352-4506.

Kristi Sambrookes, Contract Specialist

Federal Bureau of Prisons ld Acquisition Office

Enclosure mailto:ksambrookes@bop.gov

BP-S660.012 NCIC CHECK CDFRM

MAR 99

tJ. S. DEPARTMEN'l' OF JUS'l'ICE FEDERAL BtmEAtJ OF PRISONS

AUTHORIZATION FOR RELEASE OF ~RHATION

NCIC (National Crime Information Center) CHECK

I hereby authorize a representative of the Federal Bureau of Prisons to obtain any information on my criminal history background. I understand that this check must be done before I am allowed to enter/serve at any Bureau facility. I also understand that refusal to provide all necessary information may result in 1) denial of entry into a Bureau facility and 2) denial of volunteer/contract status.

1. Name (Last, First, Middle)

2. Address (Street address) (City, State, County, Zip Code)

3. Home Telephone Number (Area Code, Number):

4. Aliases/Nickname:

5. Citizenship (List the country you are a citizen of):

6. Social Security Number:

7. Date of Birth (Month, day, year):

8a. Sex: 8b. Race:

8c. Height: 8d. Weight:

8e. Color of Eyes: 9f. Color of Hair:

9. Place of Birth (City, State, County), (List city, county and country if outside the U.S.A)

10. The above listed information is true and lOa. Date correct. Applicant's Signature

PRIVACY AC'r NO'l'ICE

Authority for Collecting Information: E.O. 10450; 5 USC 1303-1305; 42 USC 2165 and 2455; 22 USC 2585 and 2519; and 5 USC 3301

Purposes and Uses: Information provided on this form will be furnished to individuals in order to obtain information regarding activities in connection with an investigation to determine

(1) fitness for Federal employment, (2) clearance to perform contractual service for the Federal Government, (3) security clearance or access. The information obtained may be furnished to third parties as necessary in the fulfillment of official responsibilities.

Effects of Non-disclosures: Furnishing the requested information is voluntary, but failure to provide all or part the information may result in lack of further consideration for employment, clearance or access, or in the termination of your employment.

CONTRACTOR PRE-EMPLOYMENT FORM

FCC BUTNER, NC

NAME:

ADDRESS:

SOCIAL SECURITY NUMBER:

Do you know or are you related to anyone who is currently an inmate in this or any other correctional institution? Yes No

If yes, please provide names, locations, relationships and describe any current or anticipated contact with the inmate(s).

Are there any criminal charges currently pending against you? ---Yes No

If so, please provide charge, date arrested, court dates, docket numbers, and any other pertinent details.

Are you now or have you ever been incarcerated or under correctional supervision (including home detention, probation, work release, etc)? Yes No

CERTIFICATION: I certify that all of the statements made on these pages are true, complete and correct to the best ofmy knowledge and belief and are made in good faith.

Signature Date

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 BUX-0566-12 15

2. CONTRACT NO. 3. AWARDIEFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

RFPP01 0611 00005 01/31/2012

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATEI

7. FOR SOLICITATION

calls) LOCAL TIME

INFORMATION CALL: 03/22/2012

Kristi Sambrookes 972-352-4506 2:00 pm CST

9. ISSUED BY CODE FAO 10. THIS ACQUISITION IS U UNRESTRICTED OR ~ SET ASIDE: 100 % FOR:

t8l SMALL BUSINESS WOMEN·OWNED SMALL -- Federal Bureau of Prisons

BUSINESS (WOSB)

Field Acquisition Office tJ HUBZONE SMALL NAICS:

U.S. Armed Forces Reserve Complex BUSINESS ECONOMICALLY DISADVANTAGED v.oMEN-OVvNED SMALL BUSINESS 621492

346 Marine Forces Drive tJ SERVICE-DISABLED (EDv.oSB)

SIZE STANDARD: VETERAN-OWNED

Grand Prairie, TX 75051 SMALL BUSINESS D 8 (A) $34.5

11. DELIVERY FOR FOB DESTINA 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS D 13a. THIS CONTRACT IS A

MARKED RATED ORDER UNDER

D SEE SCHEDULE

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

DRFQ DtFB [8]RFP

15. DELIVER TO CODE BUX 16. ADMINISTERED BY CODE IBUX

Federal Bureau of Prisons Federal Bureau of Prisons

FCC Butner, Old NC Hwy 75, Butner, NC 27509 FCC Butner, P.O. Box 999, Butner, NC 27509

17a. CONTRACTORI CODEI I FACILITY 18a. PAYMENT WILL BE MADE BY CODE I

OFFEROR CODE

Federal Bureau of Prisons

FCC Butner

P.O. Box 999

Butner, NC 27509

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED D SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1 Dialysis/Nephrology Services for the Federal Correctional 6,240 TR

Complex located in Butner, North Carolina.

Base Year: Date of Award (DOA) through twelve months from DOA

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

[8] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1.52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA [8] ARE D ARE NOT ATTACHED

D 27b. CONTRACTIPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-SISATTACHED. ADDENDA DARE D ARE NOT ATTACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___ D 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

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

30c. DATE SIGNED 30b. NAME AND TITLE OF SIGNER (Type orprint) 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

Darren Doggett

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 3/2011)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

RFPP01061100005 Page 2 of 15

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN o RECEIVED 0 INSPECTED 0 ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED

GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E·MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

DCOMPLETE DPARTIAL DFINAL

37. CHECK NUMBER

o PARTIAL 0 FINAL

38. SIR ACCOUNT NO. 9. SIR VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMMlDD) I42d. TOTAL CONTAINERS

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

STANDARD FORM 1449 (REV. 1012010) BACK

RFPP01061100005 Page 3 of 15

Table of Contents

~ Description Pae-e Number

I Solicitation/Contract Fonn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I

2 Commodity or Services Schedule

3 Contract Clauses

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008)

2852.223-70 Unsafe Conditions Due to the Presence ofHazardous Material (June 1996)

DJAR-PGD-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011) ... 8

52.216-18 Ordering (Oct 1995)

52.216-19 Order Limitations (Oct 1995)

52.217-8 Option to Extend Services (Nov 1999)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

4 List of Attachments

5 Solicitation Provisions

52.209-7 Infonnation Regarding Responsibility Matters (Jan 2011)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005) ... 13

52.216-1 Type of Contract (Apr 1984)

52.233-2 Service ofProtest (Sept 2006)

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

5.1 Tailoring

52.212-2 Evaluation - Commercial Items (Jan 1999)

RFPP01061100005 Page 4 of 15

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Dialysis/N~hroIO~ Services for Ihe Federal Correctional Complex localed in utner, C. 08t'on Year 1 -13 monlhs from DOA through 24 months from ~A.

Dlalysis/N~hrolo~ Services for the Federal Correctional Complex located in utner, C. 08lion Year 2: 25 months from DOA through 36 months from OA.

DiaIYSiS/N~hrolo~ Services for the Federal Correctional Complex located in ulner, C. 08tion Year 3: 37 months from DOA through 48 months from ~A.

Dialysis/N~hrolo~ Services for the Federal Correctional Complex located in utner, C. 08lion Year 4: 49 months from DOA through 60 months from ~A.

6,240.000000

6,240.000000

6,240.000000

6,240.000000

SS

SS

SS

SS

1$

1$

1$

Contract Pricing

Services are required to be provided in accordance with the Performance Work Statement included in this solicitation/contract. Offerors are required to submit, as a part of their business proposal, a completed copy of the Schedule of Supplies/Services.

Pricing

Pricing shall be submitted on a per treatment (TR) basis for hemodialysis based upon the quantities in the Schedule of Supplies/Services. These quantity estimates are not a representation to an offeror or contractor that the estimated quantity will be required or ordered or that conditions affecting requirements will be stable or normal. Pricing shall include all costs of providing dialysis and nephrology services in accordance with the Performance Work Statement (Attachment I) to include but not limited to all indicated supplies, equipment, staffing, supervision and professional fees.

All offerors are hereby advised that the successful offeror's unit pricing (price per Treatment) for the base year and all option years is public information, in accordance with Federal Acquisition Regulations (FAR) 1S.S03(b)(1)(iv). Accordingly, all successful unit pricing will be released to unsuccessful offerors with the notification of award as well as to the general public when requested. Any party who objects to the release of their own unit pricing information, should they be awarded a contract in response to this solicitation, should not submit a proposal in response to this solicitation.

RFPP0106110000S Page 5 of 15

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (June 2010)

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.

Generated Forms (Jan 1991)

IPrr,t",r.tinn Of Government Buildings, Equipment, And Vegetation (Apr 1984)

IAvl~lIat)lIIty Of Funds (Apr 1984)

- Work on a Government Installation (Jan 1997)

Act Notification (Apr 1984)

IP..,I'I"t;"n Prevention and Right-to-Know Information (May 2011)

Terms and Conditions--Commercialltems (June 2010)

IPAr·",nn,,,1 Identity Verification of Contractor Personnel (Jan 2011) or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

Clauses by Full Text

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

(a) Mr.lMs. Jose Jimenez of Health Services Department Federal Correctional Complex, OLD HWY. 75 , Butner, North Carolina, 919-575-3900 , is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions ofthis contract; providing direction to the contractor which clarifies the con tract 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 COTR does not have the authority to alter the contractor's obligations under the contract, andlor modifY any of the expressed terms, conditions, specifications, or cost of the agreement. Ifas a result of technical discussions it is desirable to alter/change contrac tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

RFPP01 0611 00005 Page 6 of 15

(End of Clause)

52.27-103-72 DO] CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offerlbidJquote, or prior to performance under a contract or commit ment, 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; or3. been a dependent of a Federal or military employee serving overseas.

Ifthe individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform ation regarding allied countries: http://www.opm.gov/employ/htrnllcitizen.htrn

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

[End ofClause]

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 ofactions 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 ser vice.

• 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 re mote 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.

o Integrate pandemic health crisis response expectations into telework agreements.

o With the employee, assess requirements for working at home (supplies and equipment needed for an extended tele work 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 management to accom plish work.

o Practice telework regularly to ensure effectiveness.

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

o 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 hislher ab sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica tion. 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] http://www.opm.gov/employ/htrnllcitizen.htrn

RFPP01061100005 Page 7 of 15

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

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a haz ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir ing 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 pres ence 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, dis covers 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 ofthat condition and, if necessary, the contract will be amended. Failure to agree on a course of action will consti tute a dispute under the Disputes clause of this contract.

(1) 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-05-08 Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractor

NOTICE OF CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (Oct 2005)

Compliance with Homeland Security Presidential Directive-I 2 (HSPD-12) and Federal Information Processing Standard Publication 20 I (pIPS 201), entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase 1.

I. 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-term2 con tractor 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 1-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or

Federal government-issued picture ID);

b. Contractor Personnel must appear in person at least once before a DOl 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 DOl official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties ofeach 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:

I) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, ifrequired;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 ofOPM' s scheduling date, the badge can be issued based on a favorable review of the Se curity Questionnaire and the Federal Bureau ofInvestigation Criminal History Check (i.e., fingerprint check results).

RFPP01 0611 00005 Page 8 of 15

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justifY, badges is sued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

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

a.Favorable review of the security questionnaire form;

b.Favorable fingerprint results;

c.Favorable credit report, ifrequired;5 and d.Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commen surate 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 is suance. 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 PFV-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 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 DOl information systems and/ or DOl facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex ample, 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 II, 2004, and lanuary 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac cess.

c. Due to extenuating circumstances, ifa component requests unescorted access or DOl IT system access for an intermittent contract or, 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 DOl 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 DOl's BI requirements.

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

NOTES;

1. FIPS 20 I is available at: www.csrc.nist.gov/publicationsifips/fips201 IFIPS-20 1-22505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOl information systems and/or DOl facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga tion, is required for all new long-term contractors regardless ofwhether 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 levell, a favorable review of a credit check is required as part ofthe 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 I, a favorable review of a credit check is required as part of the pre appointment waiver package.

(End of Clause)

52.209-9 Updates ofPublicly Available Information Regarding Responsibility Matters (Jan 20 II)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a www.csrc.nist.gov/publicationsifips/fips201

RFPP01 0611 00005 Page 9 of 15 semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration data base at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act pro cedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 ofPublic Law 111-212, all information posted in F APIIS on or after April 15, 20 II, except past per formance reviews, will be publicly available.

(End of clause)

52.216-18 Ordering (Oct 1995)

(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 effective contract period through the last day of the effective contract 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) Ifmailed, 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)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount ofless than $50.00, 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 within the current performance period;

(2) Any order for a combination of items in excess of the estimated quantities 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 para graph (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 Regula tion (FAR», the Government is not required to order a part of anyone requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) ofthis section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 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 ofclause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of ficer may exercise the option by written notice to the Contractor within the current performance period.

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds arc not presently available for performance under this contract beyond September 30 of the base year or any option year exer cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri ated funds from which payment for contract purposes can be made. No legal liability on the part ofthe 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 http:http://www.ccr.gov

RFPP01061100005 Page 10 of 15 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)

[END OF ADDENDUM TO FAR 52.212-41

RFPP01061100005 Page 11 of 15

Section 4 - List of Attachments

Exhibits and Attachments Identifier Title Number of

Pages

Attachment I - Performance Work Statement 1

Attachment II - Special Contract Conditions Attachment III - Submission and Evaluation of Proposals 5

Attachment IV - Client Authorization Letter 1

Attachment V - Past Performance Questionnaire 5

Attachment VI - Department o~tion No. 2005-2401. Revision 11 dated 06/1312011 Attachment 19

Attachment VIII - Outcome Measure Indicators

RFPP01 0611 00005 Page 12 of 15

Section 5 • Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors--Commercial Items (June 2008)

The tenns and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212·1.

Iln~Jrllt,tit'\I'" to Offerors-Commercialltems (June 2008)

Provisions by Full Text

52.209-7 Information Regarding Responsibility Matters (Jan 20 II)

(a) Definitions. As used in this provision -

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination offault or li ability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site vis its, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than S 1 0,000,000" means-

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value ofall current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or re quirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror _ has_ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the informa tion it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(I) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or per formance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in

RFPP01 0611 00005 Page 13 of 15 any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment ofa monetary fine, penalty, reimbursement, restitu tion, or damages of$5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $1 00,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment offauIt by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(I)(ii), or (c)(1 )(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(l) ofthis provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(I)(i) through (c)(l)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(End ofprovision)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

Faith-based and Community-based organizations can submit offerslbidslquotations equally with other organizations for contracts for which they are eligible.

[End of Provision]

52.216-1 Type ofContract (Apr 1984)

The Government contemplates award of a requirements type (indefinite delivery) with firm-fixed unit prices contract resulting from this solicitation.

(End ofprovision)

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Procurement Executive, Federal Bureau of Prisons, 320 First Street, NW, Room 5005, Washington, DC 20534.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

2852.233-70 Protests Filed Directly with the Department ofJustice (Jan 1998)

(a) The following definitions apply in this provision:

(I) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a con tract or by the failure to award a contract.

(b) A protest filed directly with the Department of Justice must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protest or is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation ofarguments in support of the protest to the deciding official.

http:http://www.ccr.gov

RFPP01061100005 Page 14 of 15

(5) Include the infonnation required by FAR 33.1 03(d)(2):

(i) Name, address, facsimile number and telephone number ofthe protestor.

(il) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the fonn of relief requested.

(vii) All infonnation establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All infonnation establishing the timeliness of the protest.

(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present infonnation in response to the protest issues. The deciding official may hear oral arguments in support ofthe agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion ofthe deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional infonnation from either the agency or the protestor. The decid ing official will resolve the protest through infonnal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the pro tester for any legal fees related to the agency protest.

(i) The Department of Justice wiII stay award or suspend contract perfonnance in accordance with FAR 33.1 03(f). The stay or suspen sion, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

U) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The de cision may be oral or written.

(k) The Department ofJustice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

(End of Clause)

5.1 Tailoring

TAILORING

In accordance with FAR 12.302(a), the provision at 52.212-1 is hereby tailored to modify the following elements of the provision.

At paragraph (c) "Period for Acceptance of Offers," the amount oftime the offeror agrees to hold the prices in its offer is changed to 120 calendar days from the date specified for receipt of offers. Submission ofeach proposal revision in response to discussions will automatically extend the acceptance period for an additional 120 days from the date of the proposal revision.

At paragraph (h) "Multiple Awards," this paragraph is deleted in its entirety as it has been detennined to be not applicable to this soli citation.

At paragraph (I) "Availability of requirements documents cited in the solicitation," this paragraph is deleted in its entirety as it has been detennined to be not applicable to this solicitation.

(END OF ADDENDUM TO FAR 52.212-1]

52.212-2 Evaluation - Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

RFPP01061100005 Page 15 of 15

Price, Technical and Past Performance.

Technical and past performance, when combined, are significantly more important than price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for ac ceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified ex piration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice ofwithdrawal is received before award.

(End ofprovision)

ATTACHMENT I

Performance Work Statement

I. Background

The Federal Bureau ofPrisons (BOP) was established in 1930 to provide more progressive and humane care for Federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration. Today, the BOP is responsible for the custody and care of approximately 216,000 Federal offenders. The Federal prison system is a nationwide system of prisons and detention facilities for the incarceration of inmates who have been sentenced to imprisonment for Federal crimes and the detention of individuals awaiting trial in Federal court. The defined mission of the BOP is as follows:

It is the mission of the Federal Bureau of Prisons to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

As an agency under the Executive Branch of the United States Government, the BOP receives an annual appropriation of funds to accomplish its assigned mission. The public trust demands that this annual appropriation be prudently managed. Thus, dollars spent to maintain the health of the inmate population must reflect the agency's best efforts to obtain cost-effective health care consistent with community standards.

The Federal Correctional Complex (hereinafter referred to as FCC) located in Butner, North Carolina, intends to make a single award to a responsible entity for the provision ofDialysis and Nephrology Services as set forth in this solicitation/contract. The FCC houses male inmates. The dialysis patient population is approximately 40 inmates.

II. Statement of Output

Performance ofdialysis and nephrology services are defined within this Performance Work Statement utilizing a "performance-based" approach. Thus, required services are described in terms of output rather than specific task assignments. The BOP desires to make an award to the offeror who can provide the best value, considering the provision of services and price, among other criteria specified in Attachment III of this solicitation.

Output #1: Provide FCC-based dialysis services which conform to community standards and all local, state, and Federal laws and regulations applicable to the delivery of health care to members of the general pUblic.

Output #2: Provide FCC-based diagnostic and follow-up evaluations by a Nephrologist which confonn to community standards and all local, state, and Federal laws and regulations applicable to the delivery of health care to members of the general pUblic.

Output #3: Manage medical record information in a manner which promotes continuity of care while observing restrictions on the release of information.

Output #4: Maintain open avenues ofcommunication, facilitating the exchange of information between the contractor and the Government regarding the contract services.

III. Compliance with Contract Requirements

The Contractor's efforts under this contract shall be monitored to ensure that the required output is achieved. The Government reserves the right to inspect and evaluate in a reasonable manner all services rendered during the performance of this contract.