RFQ - CRW 7-15-22.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

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 Mobile MRI services for the FMC Carswell. 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 provision at FAR 52.204-7, System for Award Management (SAM), of this provision requires that all quoters doing business with the Federal Government to be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitation, all quoters SAM registration should include NAICS code 621512.

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 August 15, 2022, at 9:00 a.m. Central Time. Quotes shall be submitted electronically via email to sbchristian-carpenter@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 schristian-carpenter@bop.gov.

Sincerely, //s// S. Christian-Carpenter, Contracting Officer http://www.aptac-us.org/

15BFA022Q00000078 Page 1 of 54

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15BFA022Q00000078

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/15/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

S. Christian-Carpenter schristian-carpenter@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4527

8. OFFER DUE DATE / LOCAL

TIME

08/15/2022 09:00 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 UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 621512

SIZE STANDARD: 16,500,000.00

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B505CODE15. DELIVER TO

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

CODE 15B50516. ADMINISTERED BY

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

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BCRWCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Carswell

PO BOX 27066

Fort Worth, TX 76127

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provision of Mobile MRI services for FMC Carswell in accordance with the Statement of Work.

CAGE: _____________________

DUNS#: ____________________

Firm Fixed Price

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE 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: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

Sharon Christian-Carpenter

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15BFA022Q00000078 Page 2 of 54

19.

ITEM NO.

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. 2/2012) BACK

15BFA022Q00000078 Page 3 of 54

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

2.3 Special Contract Conditions

3 Contract Clauses 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 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 (Nov 2021) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 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)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

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

2004)

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

2011) DJAR-PGD-15-03 Security of Department Information and Systems DJAR-PGD-14-05 Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021); (Alt. I) -- Classified Information -- Cleared Contractors 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2022)

4 List of Attachments 5 Solicitation Provisions

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2022) 52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) 52.217-5 Evaluation of Options (July 1990)

15BFA022Q00000078 Page 4 of 54

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year - Mobile MRI Services

PSC: Q201

Base Period

240 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Option Year 1: Mobile MRI Services

PSC: Q201

Option Period

240 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Option Year 2: Mobile MRI Services

PSC: Q201

Option Period

240 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Option Year 3: Mobile MRI Services

PSC: Q201

Option Period

240 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Option Year 4: Mobile MRI Services

PSC: Q201

Option Period

240 SS $________ $_________________

AGGREGATE TOTAL: $____________________________

2.1 Pricing Methodology

Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal.

Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

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

2.2 STATEMENT OF WORK

Subject

15BFA022Q00000078 Page 5 of 54

The Federal Bureau of Prisons, Field Acquisition Office in Grand Prairie, Texas intends to make a single award for the provision of Mobile MRI services for the inmate population at the Federal Medical Center Carswell (FMC), located in Fort Worth, Texas. General information regarding the Federal Bureau of Prisons (FBOP) and its facilities can be found at www.bop.gov.

Place of Performance FMC Carswell J Street, Building 3000 Fort Worth, TX 76127 Schedule The contractor will be required to perform services twice monthly at FMC Carswell. Services will be performed between the hours of 7:30 a.m. and 3:30 p.m., Monday through Friday, excluding Federal holidays. A session is defined as one (1) MRI per inmate, to include multiple views of one (1) organ or body part. Each month, there will be a requirement of an estimated twenty (20) sessions to perform on two specified days. An estimated ten (10) sessions will be performed on each of the two days per month. Specific days and hours will be subject to mutual agreement between the Contracting Officer’s Representative (COR) and the contractor. The contractor will be notified in advance of the requested dates of service, types of service, and the number of inmates to be examined.

The number of inmates will be determined by the Health Services staff and will vary from session to session. These services/sessions may be adjusted to meet the needs of the Health Services Department as determined by the Health Services Administrator (HSA).

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or other security matters. Time spent processing in and out of FMC Carswell should be considered when submitting your quote. In the event it becomes necessary for the Government to cancel a scheduled trip visit, the FMC will provide the contractor with a 48-hour written or verbal notice prior to cancelling a trip visit. When advance notice is given, the government will not be subject to payment for cancelled services.

Supplies All expendable supplies and/or contrast media will be supplied by the contractor unless otherwise agreed upon in advance with the FMC. A suitable pad, electrical power supply and phone line for the mobile unit will be supplied by the FMC. All supplies intended for use inside the secure perimeter by the contractor will be listed on an inventory sheet and approved by the FMC in advance. If the contractor requires special equipment, the request must be submitted in writing to the HSA. Note: All medical records remain the property of the FMC (in accordance with the Privacy Act of 1974).

Scope of Service The contractor shall be responsible for:

1. Evaluation of patients as referred by Health Services

2. Performing MRI of

3. Performing MRI of various internal body organs as requested by the health care providers at the FMC.

4. Performing MRI of different jobs, such as elbow, knee, hip, ankle, etc.

5. Performing MRI of cervical, thoracic, and lumbar spine in multiple views as requested by the health care providers at the FMC.

6. Providing professional interpretations and written reports.

7. Reports must be in typewritten or computerized Reports must be received within 72 hours of service.

8. Multiple views of one organ or join tare considered one exam.

9. The contractor will be responsible for the cost of professional interpretations of MRI's. Normally, there will be up to ten exams per session for MRI’s only. However, additional MRI's may be conducted per session.

10.MRI examinations apply to both with contrast and without contrast (dye media).

11.Providing verification of credentials (education, current licensor/status of competency, continuing medical education, peer references, and acceptable findings in National Practitioners Data Bank Inquiry) and proof of malpractice insurance. The contractor is responsible for ensuring all their employees have been offered the Hepatitis B and Flu vaccines.

12.Annually Provide FMC Carswell proof of staff vaccination for Flu and Hepatitis B or signed refusal from the employee stating specifically why they are refusing the vaccinations.

13.Must meet all applicable Joint Commission Standards and requirements including the National Patient Safety Goals and if found to be out of compliance with any Joint Commission standard / requirement, including the National Patient Safety Goals, the contractor agrees to make immediate corrections.

14.The contractor will be responsible for equipment transportation, delivery and set up, tractors and drivers, complete maintenance/service coverage on all equipment, applications training and staffing insurance, site planning and consultation, marketing support, etc. The only expense borne by the FMC is the expense of the electrical/telephone modifications and any supply agreed upon in advance.

Attire The contractor is expected to wear professional attire at all times. The attire worn shall be appropriate for the correctional environment in which the contract employee will be performing. Jeans (of any color), T-shirts, sandals, open-toe shoes, tank tops, and sweatpants/ sweatshirts are not considered appropriate professional attire.

Method of Performance

15BFA022Q00000078 Page 6 of 54

Verbal and/or written referrals will be received from Bureau of Prisons Health Services staff. The Services are professional in nature and will be commensurate with the Joint Commission standards of care. The methods utilized will meet medical practices established in the local community. These services, although not directly supervised, will be monitored by the COR. The Contractors performance will be evaluated in accordance with FAR Part 42. Contract monitoring reports will be prepared by the COR and maintained in the contract file. The Government reserves the right to suspend, limit or revoke the Contractor's privileges at the facility due to violations of security procedures. Over-reads are part of the evaluation process as it is related to quality and patient safety. The contractor agrees to provide 20 over-reads on a quarterly basis. The over-reads must be performed by an independent Joint Commission Accredited organization.

Institution Security The contractor agrees to adhere to all regulations prescribed by the institution policy tor safety, custody, and conduct of inmates.

The contractor shall attend an orientation program prior to assuming institution involvement. Failure to comply with security rules, regulations, or procedures of the FMC may result in cancellation of this contract. All contract personnel providing services will complete a background investigation in accordance with BOP Program Statement 3000.03, Human Resources Management Manual.

Additionally, requirements will be met as outlined in the solicitation/contract entitled "Contract Security/Investigation Requirements.'' Special Qualifications Requirements The contract staff must be registered and/or licensed with appropriate Boards of Medicine (i.e., ultrasound and MRI technicians, etc.)

as required by the State of Texas to provide requested services in the Statement of Work. If required, the contractor must be accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO). FMC Carswell is accredited by JCAHO; therefore, the contractor must provide the credentials for any physicians interpreting radiology studies and the MRI technicians who perform the studies. The credentials must be source verified. All MD's must be board certified in their respective specialty.

Credentials must be provided for any physicians interpreting radiology studies. Peer Reviews and Over Reads must be provided to FMC Carswell as part of the credentialing process. All reports need to be typed with appropriate letterhead of the Radiologist and Specialists reading the studies. There should be typed signature blocks. All specialists reading studies (including Radiologist and/ or Cardiologist) must be board certified. Phone notifications are required from the Radiologist and/or Cardiologist for any serious abnormal reading. In addition, the personnel operating the equipment on the MRI units must be licensed. All providers reading the MRIs must be credentialed and privileged by FMC Carswell prior to reading any MRIs for the institution. Providers who read the MRIs agree to provide all necessary documents upon request by FMC Carswell staff to ensure their timely credentialing and privileging. Should the providers who read the MRIs change at any point, the contractor agrees to promptly notify FMC Carswell and provide all documents necessary to credential and privilege the providers before they read MRIs for FMC Carswell. The contractor must provide a copy of their insurance certifications, in accordance with FAR 52 23 7-7. All contractors must submit with their quotes; a resume, photocopies of documents evidencing education and training.

Point of Contact If the contract is awarded to a company rather than an individual, then the contractor shall provide a Point of Contact (POC) who shall be responsible for delivery of services under this contract. The contractor shall designate this individual in writing to the contracting officer prior to the start date of the contract.

Inmate Management Provision of services will require frequent and unsupervised contact with inmates. The contractor shall not be responsible for the management of inmates, other than to ensure inmates involved within the contract's scope of work abide by all rules to ensure their safety and wellbeing. The contractor is to be aware of security and maintain a professional relationship with inmates at all times. Any violation of institution rules and regulations are to be brought immediately to the attention of any Government employee at the FMC.

Invoice/Payment Terms The contractor shall provide a monthly billing statement to the FMC's Accounting Department which accurately reflects days worked, number of sessions and the total amount due for services. The Contractor must provide a means for electronic payment to include bank routing and account number. Payment terms as specified in FAR52.212-4(g). The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903 and prompt payment regulations at 5 CFR Part 1315). The Contractor can, however, offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation.

Contract Security The following security measures will be applied to all contract employees who will be working under the terms of the contract:

National Crime Information Center (NCIC) Check Name Check Fingerprint Check (FD-258) Completed OF306, Declaration for Federal Employment Appropriate Resume or Optional Application Completion of the Contract Pre-employment Form Release of Information Urinalysis test for detection of drugs and marijuana usage This 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 and the Contractor will not be subject to Government supervision, except for security related matters. However, Contractor performance will be closely monitored.

Medical Liability

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This contract is a nonpersonal health care services contract as defined in the Federal Acquisition Regulations (FAR) 37.101, under which the Contractor is an independent Contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered.

The Contractor must indemnify the Government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance. The Contractor shall maintain medical liability insurance, in a coverage amount which is not less than the amount normally prevailing within the local community for the medical specialty concerned. Contractor is required to ensure that its subcontracts for provisions of health care services, contain the requirements of the clause at FAR 52.237-7, including the maintenance of medical liability insurance.

System of Records In accordance with FAR 52.224-1 and 52.224-2, the Contractor will occasionally use, disseminate, and/or handle inmate's records that will contain confidential medical and/or criminal history. All medical records will be handled in accordance with the Bureau of Prisons' Health Services Manual (6000.3) medical records policies, as amended. All criminal records will be viewed only by the guard on duty or his/her immediate supervisor and only for duty-related purposes. Information concerning the medical or criminal history of an inmate may only be released by the Executive Assistant of the FMC in accordance with the Privacy Act of 1974.

Contract Pricing The contract rates for these services shall be on a per session basis. A session is defined as one (1) MRI per inmate, to include multiple views of one (1) organ or body part. The contract rates shall include all charges for providing MRI services. Services are required to be provided in accordance with the Statement of Work.

2.3 Special Contract Conditions

Type of Contract: The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded in August 2022 and with an anticipated effective date of award (EDOA) of October 1, 2022. On or about the EDOA, FMC Carswell will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA. Therefore, all background clearances shall be completed prior to the EDOA.

The resulting contract will include a base year period from the effective date of award (EDOA) through 12 months from the EDOA with four (4) possible 12-month option years for renewal at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 52.217-9, "Option to Extend the Term of the Contract.”

Option Period(s): The anticipated effective date of award (EDOA) is October 1, 2022.

Base Year: EDOA through 12 months from EDOA;

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

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

Option Year 3: 37 months from EDOA through 48 months from EDOA;

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

Point of Acceptance: The point of acceptance for services is FMC Carswell.

Non-Personal Services Information: This 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 task. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

Quality of Patient Care/Non-Discrimination: The professional service providers will provide Bureau patients under the terms of this contract the same or equal services to those provided to non Bureau patients. Professional service providers shall be provided within accepted professional standards. The contractor agrees to make no distinction among patients under this contract on the basis of race, color, creed, national origin, or physical condition. For this contract distinctions on the grounds of race, color, creed, national origin, or physical condition include but are not limited to the following: denying any service or benefit; providing any service or benefit to a patient which is different; or if provided in a different manner or at a different time from that provided to other patients under this contract; subjecting a patient to segregation or separate treatment in any manner related to his receipt of any service;

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

Third Party Liability: Public Law 87-693 (42 U.S.C. 2651) provides that the United States shall be entitled to recover the reasonable value of hospital and medical care and treatment furnished or to be furnished to a person who suffers any injury or disease under circumstances indicating the potential legal liability of another person. This other person is commonly referred to as the "third party" since his/her negligent act or failure to act caused an injury or disease to the "first party" requiring medical treatment by or at the expense of the United States, the “second party”.

15BFA022Q00000078 Page 8 of 54

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

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

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

Contract Administration Office (CAO): The Contracting Office at FMC Carswell is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 70; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FMC Carswell 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.

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

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

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

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

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

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

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

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

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 Carswell.

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.

Statement of Equivalent Hires: The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: Radiologic Technologist, Code 12305 - $29.62 plus benefits; As stated in the contract clause, this is for information purposes only.

Department of Labor Wage Determination: The applicable DOL Wage Determination for this procurement has been determined to be Wage Determination No. 2015-5231, Revision #21, Dated 3/15/2022. The current revision of the determination is attached for informational purposes.

System of Records: Privacy Act Notification: The contract will require contract staff to operate a system of records documentation and will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards for medical records. The contractor and/or staff are not authorized to disclose this or any information pertaining to an inmate to any non-BOP source. Any requests for such information shall be forwarded to the Health Service Administrator for proper disposition.

Schedule of Insurance: In accordance with FAR 52.212-4(q), the Contractor shall comply with all applicable Federal, State, and local laws for the requirements of maintaining applicable insurance coverage.

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

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)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

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

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2021)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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

(Nov 2021)

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

Clauses By Full Text

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 first day of performance period through the last day of the effective performance period [insert dates].

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(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 (1) one session [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 in the schedule of items within the current performance period [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of the estimated quantities in the schedule of items within the current performance period [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 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 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.

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

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

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

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

(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 prior to the expiration of the current performance period [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 (months)(years).

(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 30 of the base year or any option year exercised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

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

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *$1,000,000 per occurrence/$3,000,000 aggregate.

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

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

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

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

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

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

(End of clause)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of 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.

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

15BFA022Q00000078 Page 13 of 54 contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

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

[End of Clause]

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

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

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all…