Carswell Sol.pdf

u.s. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

October 25,2011

Re: Request for Proposal (RFP) RFPP050511 00003 - Comprehensive Medical Services Federal Bureau of Prisons Federal Medical Center (FMC) Carswell

Dear Offeror:

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Comprehensive Medical Services for the FMC Carswell located in Fort Worth, Texas. Services to be provided include inpatient/outpatient facility and physician services and outpatient institution services. This package contains the following:

Cover Letter (2 Pages) Solicitation (22 Pages) Attachments (88 Pages)

The package contains a total of 112 pages and has all the necessary information for submitting a proposal for evaluation.

When submitting proposals, offerors should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of proposals.

Detailed information can be located in Attacbment #4 of the solicitation.

Sealed proposals shall be received on or before the deadline of Wednesday, December 21, 2011, at 2:00 p.rn.

local time. Proposals shall be submitted to the following address:

Mike Miller, Contracting Officer

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 Contract Specialist at the address shown above no later than the time specified as the deadline for receipt of proposals. The official point of receipt for hand-carried proposals will be the first floor reception area. PLEASE DO NOTSUBMIT PROPOSALS TO ANYLOCATION OTHER THAN THE ONE USTED ABOVE. Proposals received after the deadline will be processed pursuant to FAR 52.212-I(£).

Please place any questions you may have in writing and fax them to (972) 352-4545 to my attention. We will consider all questions received and provide responses, where appropriate.

If you have any other questions, please feel free to contact me at (972) 352-4519.

Sincerely, lsi

Mike Miller, Contracting Officer Federal Bureau of Prisons

RFPP05051100003 Page 1 of 22

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO. ORDER NUMBER

DATE DATE

10/2512011RFPP05051100003

----------------------~~a-.-NA-M~E~-------l------------------------~b~.T~E~L~EP~H~0~N~E~~~-(N-o-ro-n-9c-I-~-~-)~-8.-OF--FE~R-D-U~E~D~A~TE~/~L~O~C~AL~

TIME7. FOR SOLICITATION

INFORMATION CALL: Mike Miller 972-352-4519 12121/2011 14:00:00

9. ISSUED BY

Federal Bureau ofPrisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

O SEE

SCHEDULE

CODE

CODE

Federal Bureau ofPrisons FMC Carswell J Street Building 3000 Fort Worth, TX 76127

17a. CONTRACTOR! CODE

OFFEROR

10. THE ACQUISITION IS

~UNRESTRICTED OR

NAICS: 622110

SIZE STANDARD:

% FOR:

CODE

RFP

Federal Bureau ofPrisons FMC Carswell

PO BOX 27066

Fort Worth, TX76127

Ito. <.n'''<.1\ IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

25. ACCOUNTING DATA

IS

26. TOTAL AWARD AMOUNT (For Gov!. USfi Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3 AND 52.212-5 AREATIACHED. ADDENDA

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

Comprehensive Medical Services *Block#l: RP# 609-9 *Block #10: Size Standard - $34.5 Million

See Continuation Sheet(s) (Use Reverse and/(JI' AI/ad Additional Sheefs as Ne:cessory)

TERMS AND CONDITIONS SPECIFIED

30a. SIGNATURE OF OFFERORICONTRACTOR

3Ob. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

31a. UNITED STATES OF AMERICA

SIGNED 3lb. NAME OF THE

Michael Miller

CONTRACTING OFFICER)

OFFICER (Type orprint) 3le. DATE SIGNED

STANDARD FORM 1449 (REV. 10/2010)

Prescribed by GSA - FAR (48 CFR) 53.212

RFPP05051100003 Page 2 of 22

IT 19:. I 20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D 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 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

329. 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

D PARTIAL D FINAL

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

41a.1 CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 1012010) BACK

RFPP05051100003 Page 3 of 22

Table of Contents

Section Description PaaeNumber

1 Solicitation/Contract Form

2 Commodity or Services Schedule

3 Contract Clauses

52.24~403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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

2004)

52.216~18 Ordering (Oct 1995)

52.216-19 Order Limitations (Oct 1995)

52.216-21 Requirements (Oct 1995)

52.217~8 Option to Extend Services (Nov 1999)

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

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

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

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

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

A.15 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency

(May 2008)

4 List of Attachments

5 Solicitation Provisions

52.209-7 Information Regarding Responsibility Matters (Jan 2011)

52.212-3 Offeror Representations and Certifications--Commercial Items (May 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 of Protest (Sept 2006)

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

RFPP05051100003 Page 4 of 22

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Comprehensive Medical Services for the Federal Medical Center Carswell located in Fort Worth, Texas. See Attachment #1, Performance Work Statement, and Attachment #2 Schedule of Items

Base Year: Effective Date of Award (EDOA) through twelve months from EDOA.

1.000000 SV $ $

0002 Comprehensive Medical Services for the Federal Medical Center Carswell located in Fort Worth, Texas. See Attachment #1, Performance Work Statement, and Attachment #2, Schedule of Items.

Option Year 1: 13 months through 24 months from EDOA.

1.000000 SV 1$ $

0003 Comprehensive Medical Services for the Federal Medical Center Carswell located in Fort Worth, Texas. See Attachment #1, Performance Work Statement, and Attachment #2, Schedule of Items.

Option Year 2: 25 months through 36 months from EDOA.

1.000000 SV $ 1$

0004 Comprehensive Medical Services for the Federal Medical Center Carswell located in Fort Worth, Texas. See Attachment #1, Performance Work Statement, and Attachment #2, Schedule of Items.

Option Year 3: 37 months through 48 months from EDOA

1.000000 SV $ 1$

0005 Comprehensive Medical Services for the Federal Medical Center Carswell located in Fort Worth. Texas. See Attachment #1, Performance Work Statement, and Attachment #2, Schedule of Items.

Option Year 4: 49 months through 60 months from EDOA.

1.000000 SV $ 1$

RFPP05051100003 Page 50f22

Section 3 - Contract Clauses

A.I 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.

:nrrlnll'''''' Generated Forms (Jan 1991)

IPrcltec'tion Of Government Buildings, Equipment, And Vegetation (Apr 1984)

Io'\v"ua[lIIltv Of Funds (Apr 1984)

- Work on a Govemment Installation (Jan 1997)

Act Notification (Apr 1984)

Prevention and Right-to-Know Information (May 2011)

1t'>_.A'__' Terms and Conditions--Commercialltems (June 2010)

10",·.,,,,,,,,,,1 Identity Verification of Contractor Personnel (Jan 2011) or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

Clauses by Full Text

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-l 2 (HSPD-12) and Federal Information Processing Standard Publication 201 (pIPS 20 I) I entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase 1.1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12IPIV I, the following investigative requirements must be met for each new long-term 2 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, OMS No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic ture ID);

b. Contractor Personnel must appear in person at least once before a DOl official who is responsible for checking the identification documents. 'J11is identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be

RFPP05051100003 Page 6 of 22 documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, ifrequired;3 4) Waiver request memorandum, including both the Office ofPersonnel 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.Ifthe NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau ofInvest igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1 a. and 1 b. 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, if required;5 and d.

Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensur ate 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 PIV -I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

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

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For 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 11,2004, and January 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 DOJ 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 DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-I2 and DOJ's BI requirements.

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

Notes:

1. FIPS 20I is available at: www.csrc.nist.gov/publicationS/fipS/fips201/FIPS-20 1-022505. pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for s.ix m.onths ~r longer. The PIV-I identity proofing process, including init~a~ion and adjudication of the required background investiga tion, IS requrred for all new long-term contractors regardless of whether It IS the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. Fo! contracto~s in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre appollltment walver package.

www.csrc.nist.gov/publicationS/fipS/fips201/FIPS-20

RFPP05051100003 Page 7 of 22

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 It section of the investigative form. This report is available for all case types.

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

[End ofClause]

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

For three of the five years immediately prior to submission ofan offerlbidlquote, 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.

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

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

[End ofClause]

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) 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)

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 $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 as identified in Attachment 2;

(2) Any order for a combination of items in excess of the estimated quantities within the current performance period as identified in Attachment 2; 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) of this 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 of clause)

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplie~ or serv~ces .specified in the Schedul~ are estimates only and are not purchased by this contract. Except as this contract may otherw1se proVIde, 1f the Government's reqUlrements 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.

http://www.opm.gov/employlhtml/citizen.htm

RFPP05051100003 Page 80f22

(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 Govemment is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un der this contract, and ifthe 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 Con tractor 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 Con tractor shall not be required to make any deliveries under this contract after the last day of the effective contract period.

(End of clause)

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 ofperformance 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)

52.217-9 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 within the current performance period;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days {60 days unless a different number ofdays is inserted} before the contract expires. The preliminary notice does not commit the Government to an ex tension.

(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, but excludes the exercise of any option under the clause 52.217-8, Option to Extend Services, which is incorporated into this contract in full text.

(End of clause)

52.232-19 Availability OfFunds 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 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 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)

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 con tractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over p~ofessio~al aspects of the services rendered, including b~ example, the Contractor's professional medical judgment, diagnosis, or spe CIfic ~e~cal treat~ents. The Con~a~tor sha!l be sol~ly lIable for and expressly agrees to indemnify the Government with respect to any h~bl~l~ ~roducIng ~cts or omissions b~ It 0: by ItS emplo~ees or agents. The Contractor shall maintain during the term of this con tract lIabIlity msuran~e Issued by a responSible Insurance ~amer ofnot less than the following amount(s) per specialty per occurrence:

*$1,000,000 for hospitals and $200,000 for all other prOViders. However, if the contractor and/or subcontractor is an entity or a subdi vision of a state tha~ ~ither provi~es for self insu.rance and/or .is limited by law to the amount of liability insurance that may be pur chased by State entItIes, then the Insurance reqUIrement of thiS contract shall be fulfilled by incorporating the provisions of teh applic

RFPPOSOS1100003 Page 9 of 22 able State law.

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its in surability 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 ex tended 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 en dorsement 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 Contract or 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 ofold 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 Contract ing Officer evidence of such insurance.

(End of clause)

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

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

(a) Mr.lMs. Rhonda Hunter of FMC Carswell "J" Street Buildiing 3000, Fort Worth, Texas, 76127, 817-782-4000, is hereby desig nated 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 of this 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, 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 contrac tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

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 defmed 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 Govemment receiy:s 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, Ifnecessary, 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.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and http:notice.of

RFPP05051100003 Page 10 of 22 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)

A.IS Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (May 2008)

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

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are:

o Encourage employees to get inoculations or follow other preventive measures as advised by the public health ser vice.

o 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.

o Communicate expectations to aI/ 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.

• 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 aI/ employees who may telework will communicate with one another and with management to accom plish work.

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Govemment Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknow ledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees ofother 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]

[END OF ADDENDUM TO FAR 52.212-4]

RFPP05051100003 Page 11 of 22

Section 4 - List of Attachments

Exhibits and Attachments Identifier Title Number of

Pages 1 Block 20 - Performance Work Statement 16 2 Schedule of Items I SOB Participation and_Sub-Contract Certification 12 3 Special Contract Conditions 7 4 Tailoring and Instructions to Offerors 8 5 Medical Classification - Levels of Care Criteria 5 6 Performance-Based Outcome Measure Indicators 2 7 Computation of Basic MS-ORG Pa~ments 1 8 Technical Proposal Summary Sheets 4 9 Past Performance Questionnaire for Bureau of Prisons Medical Services Contract 5 10 Electroni~Agreement 15 11 List of Pro Requirements 2 12 Informational Requirements for Medical Claims 2 13 Additional Clauses 8 14 Additional Provisions 1

RFPP05051100003 Page 12 of 22

Section 5 - Solicitation Provisions

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

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

IPn.~",~rrl On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 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 of fault or li ability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board ofContract 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 $lO,OOO,OOO" means-

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

(2) The total value of all 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 (F APIIS) 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

RFPP05051100003 Page 13 of 22 any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a fmding of fault and liability that results in the payment of a 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 ofa monetary fine or penalty of $5,000 or more; or

(B) The payment ofa reimbursement, restitution, or damages in excess of$IOO,OOO.

(iv) In a criminal, civil, or administrative proceeding, a disposition ofthe matter by consent or compromise with an acknowledgment offault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)( I lei), (c)(1 )(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) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in F APIIS 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 offerslbids/quotations 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 indefinite delivery (requirements) with firm fixed unit priced contract resulting from this so licitation.

(End of provision)

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, Suite 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 of Justice (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 ofJustice 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 of arguments in support of the protest to the deciding http:http://www.ccr.gov

RFPP05051100003 Page 14 of 22 official.

(5) Include the infonnation required by FAR 33. 1 03(d)(2):

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

(ii) 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 ofthe agency protest and for agency officials to present infonnation in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(t) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the 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 will stay award or suspend contract perfonnance in accordance with FAR 33.103(t). The stay or suspen sion, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) 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 of Justice 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)

[END OF ADDENDUM TO FAR 52.212-1]

52.212-3 Offeror Representations and Certifications--Commercial Items (May 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifica tions electronically at http://orca.bpn.gov.If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (0) of this provision.

(a) Definitions. As used in this provision-

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(I) Exacted from any person under the age of 18 under the menace of any penalty for its nonperfonnance and for which the worker does not offer himself voluntarily; or

(2) Pe~fonned by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penaltIeS.

"Inverted domestic corporation,"as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corpo~tion under 6 U.S.c. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the Uruted States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign http://orca.bpn.gov.If

RFPP05051100003 Page 15 of 22 country, that meets the criteria specified in 6 U.S.c. 395(b), applied in accordance with the rules and definitions of6 U.S.c. 395(c).

An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.c. 7874.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-

(l) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out ofcomponents, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of2007) conducting the business can demonstrate-

(I) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conductedunder such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist ofproviding goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Service-disabled veteran-owned small business concern"-

(l) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned busi ness, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C.