RFQ - 15BFA025Q00000017 - Final.pdf

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Attached to
FMC Lexington - Ambulance Services Federal contract opportunity
Solicitation number
15BFA025Q00000017
Issued by
Department of Justice Bureau of Prisons Field Acquisition Office

About this file

This is a Request for Quote (RFQ) issued by the Federal Bureau of Prisons Field Acquisition Office for ambulance and medical transport services at the Federal Medical Center (FMC) Lexington in Kentucky. The contract will cover a base year plus four 12-month option years and a potential 6-month extension period, with an estimated 366 transports annually and 183 transports during the extension period.

The contractor must provide emergency and routine ambulance services 24/7, including federal holidays, with 15-minute response time for emergent requests. Services will primarily occur in Kentucky counties including Bourbon, Clark, Fayette, Franklin, Jessamine, Madison, Scott and Woodford. The contractor must be licensed as a Class I ambulance provider, maintain required insurance coverage, and have capability to transport bariatric patients over 400 pounds. Quotes are due by December 23, 2025 at 12:00 AM Central Time and must be submitted electronically to bwendorff@bop.gov. The contract will be awarded to the responsible quoter whose quote conforms to requirements and is most advantageous to the government considering price and past performance. Contractors must be registered in SAM with NAICS code 621910.

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Field Acquisition Office Grand Prairie, Texas 75051

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Ambulance and Medical Transport Services for the Federal Medical Center (FMC) Lexington, located in Lexington, Kentucky. This package contains all necessary information to submit a quote.

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

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 for Commercial Items. Paragraph (t), System for Award Management (SAM), of this clause requires that all quoters doing business with the Federal Government to be registered in the SAM database. Quoters should include their Unique Entity Identifier (UEI) Number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee’s UEI Number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitation, all quoters SAM registration should include NAICS code 621910.

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

Quotes shall be received on or before the deadline of December 23, 2025, at 12:00 a.m. Central Time.

Quotes shall be submitted electronically via email to bwendorff@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted.

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

Sincerely, //s//

Brian Wendorff, Contracting Officer

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

15BFA025Q00000017 Page 1 of 44

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

15B10924PR000048

PAGE 1 OF

5. SOLICITATION NUMBER

15BFA025Q00000017

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

12/03/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Brian Wendorff bwendorff@bop.gov

b. TELEPHONE NUMBER (No collect calls)

202-578-9238

8. OFFER DUE DATE / LOCAL

TIME

12/23/2024 12:00 CT

CODE BFAO

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, TX 75051

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

621910

SIZE STANDARD:

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B109CODE15. DELIVER TO

Federal Bureau of Prisons FMC Lexington

3301 LEESTOWN RD

Lexington, KY 40511 lex-warehouse-s@bop.gov

CODE 15B10916. ADMINISTERED BY

Federal Bureau of Prisons FMC Lexington

3301 LEESTOWN RD

Lexington, KY 40511

Dawn Hadden

(O) 859-255-6812

(F) 859-253-8824 dhadden@bop.gov

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B109CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Lexington

3301 LEESTOWN RD

Lexington, KY 40511 lex-financialmanagement-s@bop.gov

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

OFFER SEE ADDENDUM

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

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provision of Ambulance Services in accordance withe the Statement of Work for FMC Lexington.

Unique Entity ID: _____________________________

CAGE: __________________________

Email: _________________________

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Brian Wendorff

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

X

15BFA025Q00000017 Page 2 of 44

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED 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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

15BFA025Q00000017 Page 3 of 44

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work Ambulance and Medical Transportation Services - FMC Lexington

2.3 Special Contract Conditions

3 Contract Clauses 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.242-13 Bankruptcy (July 1995) 52.216-18 Ordering (Aug 2020) 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) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS

(APR 2011)

DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

4 List of Attachments 5 Solicitation Provisions

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023) 52.204-7 System for Award Management (Oct 2018) 52.217-5 Evaluation of Options (July 1990)

5.1 Quote Submission Requirements/Evaluation Award Methodology/SAM/PTAC/FOIA

5.2 Evaluation and Award Methodology

2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020)

15BFA025Q00000017 Page 4 of 44

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Provide Ambulance Services for FMC Lexington, KY, Base Year - (Date of Award through 12 Months) - Estimated 366 runs per year:

Estimated Maximum.

PSC: V225

Base Period

366 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Provide Ambulance Services for FMC Lexington, KY, Option Year One - (Months 13 through 24 from date of award) - Estimated 366 runs per year: Estimated Maximum.

PSC: V225

366 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Provide Ambulance Services for FMC Lexington, KY, Option Year Two - (Months 25 through 36 from date of award) - Estimated 366 runs per year: Estimated Maximum.

PSC: V225

366 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Provide Ambulance Services for FMC Lexington, KY, Option Year Three - (Months 37 through 48 from date of award) - Estimated 366 runs per year: Estimated Maximum.

PSC: V225

366 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Provide Ambulance Services for FMC Lexington, KY, Option Year Four - (Months 49 through 60 from date of award) - Estimated 366 runs per year: Estimated Maximum.

PSC: V225

366 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Provide Ambulance Services for FMC Lexington, KY, 6 Month Option to Extend Period - (Months 61 through 66 from date of award as needed) - Estimated 183 runs: Estimated Maximum.

PSC: V225

183 EA $________ $_________________

AGGREGATE TOTAL: $______________________________(BASE PLUS ALL OPTIONS)

2.1 Pricing Methodology

Contract Pricing The quantity of services to be provided by the contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation.

Services are required to be provided in accordance with the Statement of Work of this solicitation. Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options, including the six month extension authorized by FAR 52.217-8. The Government will evaluate quotes for award purposes by adding the total

15BFA025Q00000017 Page 5 of 44 price of all options to the total price of the base year requirement. Pursuant to FAR 17.203(d), the quoter may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

2.2 Statement of Work Ambulance and Medical Transportation Services - FMC Lexington

Subject

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas, intends to make award for the provision of Ambulance and Medical Transport Services for Federal Medical Center Lexington, Kentucky. The resultant contract shall consist of a base year, four 12-month option year periods and a 6-month extension period which will be in effect from the effective date of the award.

The contractor shall comply with any and all applicable federal, state, and local laws, regulations, and standards but not limited to:

1. The Federal Highway Safety Act of 1966, as amended.

2. The Health Insurance Portability and Accountability Act of 1996.

3. Kentucky Revised Statues, chapter 311A00

4. Kentucky Administrative Regulation 202KAR7:501 “Ambulance providers and medical first response agencies.”

5. Lexington Fayette Urban County Government Code of Ordinances, Ord. No. 308-2005, 11-17-05, Chapter

18C, “Emergency Ambulance Transportation Ambulance Licensing, Regulations.”

All emergency medical services personnel employed by the contractor shall carry a current identification card which specifies their level of training. The contractor shall maintain insurance coverage as specified in LFUCG Ord. No. 308-2005, 1,11-17-05, section 18C-3. The contractor shall provide a certificate of insurance upon contract award and upon beginning of each option year. Upon contract award and beginning of each option, the contractor shall provide current license from Kentucky Board of Emergency Services. The contractor must be licensed as a class I ambulance provider as defined in 202 KAR 7:501. Upon request, the contractor will make vehicle registration permits available for inspection.

Place of Performance

Most services are expected to occur but are not limited to the following Kentucky counties: Bourbon, Clark, Fayette, Franklin, Jessamine, Madison, Scott and Woodford. Most services will have either their origination or destination as the Federal Medical Center and/or Satellite Prison Camp, 3301 Leestown Road, Lexington, Kentucky, 40511. The contractor will agree to transport adults in custody (AIC’s) to the destination requested by FMC regardless if another hospital is a shorter distance from the FMC. The contractor shall provide, in their quote, an accurate map and a written description of the geographical service area which shall identify with specificity the complete boundary of the area served by the provider. This map and description should be the same as provided to the Commonwealth of Kentucky under 202 KAR 7:501. The contractor shall provide, in their quote, the location of their base stations or substation.

Schedule of Performance

The contractor must be available to provide emergency ambulance and routine ambulance transport services 7 days a week, 24 hours a day, including all federal holidays in the amount of an estimated 366 transports annually and an estimated 183 transports during the potential 6 month extension period. For emergent transport, the contractor must be on-site at FMC or Satellite Camp within 15 minutes of request. If the contractor is not available to provide routine/scheduled service or be on-site at FMC or satellite camp within 15 minutes of an emergent request, an alternate provider of FMC’s choice will provide the services.

Supplies and Equipment

15BFA025Q00000017 Page 6 of 44

The contractor should state the specifications of and limitations to their equipment in their offer. Of specific concern is the transport of bariatric patients greater than 400 pounds. The contractor will comply with equipment and supply standards under laws outlined under Background section above.

Description of Responsibilities

The health services staff at FMC Lexington will telephone contractor to request both emergent and non-emergent (Scheduled) ambulance services. The FMC Staff member will state his/her name and title. This telephone call will serve as the order for the service. No written statement of medical necessity will be required.

The Federal Bureau of Prisons and/or designated contract guard service shall remain in custody of the AIC/ patient at all times. FMC employee and/or designated contract guards will be permitted to ride in the ambulance to maintain custody of the AIC. HIPAA does not apply to the privacy of the adult in custody/patient information in these instances (see 45 C.F.F 164.512(k)(5).

Performance Period

Contact periods of Performance shall be as follows:

Base Year: Effective Date of Contract (EDOC) through 12 months from EDOC.

Option Year 1: 13 months from EDOC through 24 months from EDOC

Option year 2: 25 months from EDOC through 36 months from EDOC

Option year 3: 37 months from EDOC through 48 months from EDOC

Option year 4: 49 months from EDOC through 60 months from EDOC.

Six Month Extension: 61 months from EDOC through 66 months from EDOC.

Contract Administration

(a) The Health Services Administrator, FMC Lexington, is responsible for the oversight of daily medical operations, and may also be designated as the Contracting Officer’s Representative (COR).

(b.) The COR 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 contractor effort; fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c.) The COR does not have the authority to alter the contractor’s obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

Work Attire

The contractor is required to dress appropriate professional attire for the work environment.

Quality Standards

The Government reserves the right to inspect and evaluate all services provided during the performance of this contract. The Government may conduct surveillance of any task at any time during the performance of this contract. All surveillance observations will be documented by the Contracting Officer Representative.

15BFA025Q00000017 Page 7 of 44

When an observation indicates defective performance, the Contracting Officer Representative may issue a Discrepancy Report to the contractor. The contractor shall address any Discrepancy Report in writing to the Contracting Officer Representative within ten calendar days of the notification, indicating any corrective action taken to rectify the deficiency.

Policies, Procedures, and Regulations

The contractor shall adhere to all federal, state, and local laws and regulation in effect during the term of this contract. Contract staff shall adhere to all policies and procedures prescribed by the BOP relating to the safety, custody and conduct of AIC’s. Contract staff shall not supervise or discipline any BOP staff or AIC’s.

Contractor Restrictions

The contractor will not:

1. Supervise BOP staff.

2. Participate in AIC accountability

3. Formulate policies or procedures

4. Attend BOP staff functions

Institution Security

The contractor and its employees agree to adhere to all regulations prescribed by the BOP for the safety, custody and conduct of the AIC’s. Security checks will be initiated each and every time the Contractor’s employees enter the secure perimeter of FMC Lexington.

Contract Pricing and Billing

The contractor is expected to bid a fixed/capitated price for ach transport regardless of level of service provided or individual costs incurred (ie. $350.00 for each run). The Government will make award to the responsible quoter whose quote conforms to this solicitation and is most advantageous to the Government. The contractor shall submit a consolidated bill for all services provided in each calendar month. In the event that the contractor cannot provide transport and services are delegated to another carrier, the cost difference will be credited to FMC Lexington on the next month's bill for each occurrence of transport delegation. The contractor agrees to be paid for monthly bills via electronic funds transfer. Upon request, the contractor shall supply individual run sheets and itemized bills for any service provided to FMC Lexington/ Satellite Camp.

Non-Personal Services

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

2.3 Special Contract Conditions

Clause Text Type of Contract The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated the contract resulting from this solicitation will be awarded by February 2025 with an anticipated Effective Date of Award (EDOA) of March 1, 2025. On or about the EDOA, FMC Lexington will issue a task order to the contractor. The contractor shall commence full performance services on teh EDOA, therefore,any requisite background clearances shall be completed prior to the EDOA.

The resulting contract will include a base year period from the Effective Date of Award (EDOA) and four (4) 12-month option periods at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral

15BFA025Q00000017 Page 8 of 44 right to administer modifications during option periods in accorance with FAR 43.103(b). The Government also has the unilateral right to exercise option periods in accordance with FAR 52.217-9, "Option to Extend the Term of the Contract," along with 52.217-8 Option to Extend Services.

Performance Period(s) Base Year -- Effective Date of award (EDOA) through 12 months Option Year 1 -- Months 13 months from EDOA through 24 months from EDOA Option Year 2 -- Months 25 from EDOA through 36 months from EDOA Option Year 3 -- Months 37 from EDOA through 48 months from EDOA Option Year 4 -- Months 49 from EDOA through 60 months from EDOA 6 Month Option to Extend (as need be) Months 61 from EDOA through 66 months of EDOA

Point of Acceptance The point of acceptance for services is FMC Lexington, 3301 Leestown rd, Lexington, Kentucky 40511.

Contracting Officer Responsibility Authority to negotiate changes in terms, conditions, or amounts cited in this Contract is reserved to the Contracting Officer. This responsibility after award will be delegated to and Administrative Contracting Officer by the Contracting Officer.

Contract Administration Office (CAO) The Contracting Office at FMC Lexington is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 71; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Reviews The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this Contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

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

Healthcare Providers Status The resultant Contract is for a non-personal healthcare service provider. The contractor will be an independent contractor.

The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered. The contractor must indemnify the Government of any liability producing act of omission by the contractor, its employees and agents occurring during performance. THe contractor must maintain medical liability insurnace in the amount of $1,000,000 per occurrence / $3,000,000 aggregate. Any subcontracts for the provision of services must contain the requirements of the clause at FAR 52.237-7, "Indemnification and Medical Liability Insurance," including the maintenance of medical liability insurance.

Medical Malpractice Except as provided elsewhere in this contract, the contractor shall provide and maintain medical malpractice and such other insurance during the period of this contract. Refere to Federal Acquisition Regulation (FAR) 52.237-7, Indemnification and Medical Liability Insurance. If the contractor or physician who is providing services under this contract has pending litigation or administrative proceedings that may affect his/her license to practice medicine or standing as a fellow member in a professional organization, full disclosure shall be provided to the CM, COR, and CO within five calendar days upon official notificaiton. If it is determined by the medical legal review that the standard of care has not been met or there is substantial evidence of negligence on the part of the Contractor or contract employee, regardless of the final judicial decision, the physician may lose his/her privileges to practice at the BOP.

Authorized Ordering Official Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FMC Lexington with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods.

Requirements The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance. The following investigative procedures may be applied and appropriate forms completed before any Contractor employees are permitted inside an institution:

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

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

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

15BFA025Q00000017 Page 9 of 44

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

(9) Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk);

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

Quoters should also note that clause DOJ-03, Personnel Security Requirements for Contractor Employees (Nov 2021) requires that contractor personnel have a "favorable credit report." Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to FMC Lexington.

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

Schedule of Insurance In accordance with FAR 52.228-5 and 28.307-2,

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

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

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

Statement of Equivalent Hires The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: Ambulance Driver - Code: 12010 - $19.54 plus benefits. As stated in the contract clause, this is for information purposes only.

Services Contract Labor Standards Wage Determination The applicable Wage Determination for this requirement is WD 2015-4683, Revision No. 27, dated 07/22/2024. The current revision of the Wage Determination is provided as Attachment II. Orders placed against the contract will be subject to the version of the Wage Determination in effect at the time each Delivery/Task Order is issued.

15BFA025Q00000017 Page 10 of 44

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

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.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Clause Title Fill-ins (if applicable)

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

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

52.228-5 Insurance-Work on a Government Installation (Jan

1997)

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023)

52.242-13 Bankruptcy (July 1995)

Clauses By Full Text

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

www.acquisition.gov [Insert one or more Internet addresses]

(End of clause)

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52.216-18 Ordering (Aug 2020)

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

(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) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(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 one transport [insert dollar figure or quantity], 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 option year as identified in the Schedule of Items [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of the estimated quantities within the current option year as identified in the Schedule of Items [insert dollar figure or quantity]; or

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

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

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

(End of clause)

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 supplies or services specified in the Schedule are estimates only and are not purchased by

15BFA025Q00000017 Page 12 of 44 this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

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

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

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

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

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

(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 of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the current Option Year [insert the period of time within which the Contracting Officer may exercise the option].

(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 Option Year [insert the period of time within which the Contracting Officer may exercise the option]; 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 of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, but excludes the exercise of any option under the clause 52.217-8, Option to Extend Services, which is incorporated in to this contract in full text (months)(years).

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the

15BFA025Q00000017 Page 13 of 44 wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits 12010-Ambulance Driver $19.54 plus fringe benefits

(End of clause)

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

Funds are not presently available for performance under this contract beyond September 30th. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30th, 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)

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

(a) Mr./Ms. Bethanie Tucker of FMC Lexington , 3301 Leestown Rd Lexington, KY 40511 , 859-255-6812, b1tucker@bop.gov , is hereby designated to act as Contracting Officer's Representative (COR) underTBD , for the period of TBD (specify the performance period of the contract that the designation covers).

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

(f) COR authority is not re-delegable.

(End of Clause)

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BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.

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

(End of Clause)

DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR

3.906 & 52.203-17, and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

(End of Clause)

DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007)

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

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

The types of actions a federal contractor should reasonably take to help ensure performance are:

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

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

15BFA025Q00000017 Page 15 of 44

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

• Determine how all employees who may telework will communicate with one another and with management to accomplish work.

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

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

The Department does reserve the right in such emergency situations to use federal employees. employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

(End of Clause)

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

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

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