RFQ - FMC Devens - LPN III Services - f.pdf

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Attached to
Licensed Practical Nurse III - FMC Devens Federal contract opportunity
Solicitation number
15BFA024Q00000038
Issued by
Department of Justice Bureau of Prisons Field Acquisition Office

About this file

This document is a Request for Quote (RFQ) for the provision of Licensed Practical Nurse (LPN) III Services for the inmate population at the Federal Medical Center (FMC) Devens, located in Ayer, Massachusetts. The Bureau of Prisons, Field Acquisition Office in Grand Prairie, Texas intends to make a single award of an indefinite delivery/requirement type contract with firm-fixed unit prices. The contract requires a minimum of six (6) LPN III staff to provide an estimated 40 sessions per week. The base year is from the Effective Date of Award (EDOA) through 12 months, with four 12-month option years available. Pricing is on a firm-fixed unit price basis, and the Government will evaluate quotes based on the total price of the base year plus all option years. The acquisition is set aside for small business and NAICS code 621399 applies with a size standard of $10.0 million. Quotes are due by April 30, 2024 at 11:00 am CT.

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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 Licensed Practical Nurse III Services for the Federal Medical Center (FMC) Devens, located in Ayer, Massachusetts. 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 awardees UEI Number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitation, all quoters SAM registration should include NAICS code 621399.

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

Quotes shall be received on or before the deadline of April 30, 2024, at 11:00 a.m. Central Time.

Quotes shall be submitted electronically via email to dhpayne@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 dhpayne@bop.gov

Sincerely, //s//

Dawn Payne, Contracting Officer

U.S. Department of Justice Federal Bureau of Prisons Administration Division

15BFA024Q00000038 Page 1 of 63

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15BFA024Q00000038

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/12/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Dawn Payne dhpayne@bop.gov

b. TELEPHONE NUMBER (No collect calls)

202-913-1600

8. OFFER DUE DATE / LOCAL

TIME

04/30/2024 11:00 CT

CODE 15BFA0

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

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

621399

SIZE STANDARD:

$10.0 Million

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

15B205CODE15. DELIVER TO

Federal Bureau of Prisons FMC Devens 42 Patton Rd Ayer, MA 01432

CODE 15B20516. ADMINISTERED BY

Federal Bureau of Prisons FMC Devens 42 Patton Rd Ayer, MA 01432

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

BDEVCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Devens PO Box 880 Ayer, MA 01432

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

The provision of Licensed Practical Nurse (LPN) III for the inmate population at FMC Devens. See attached Statement of Work.

UEI: _________________________

Firm Fixed Price

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

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

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

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

Dawn Payne

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

15BFA024Q00000038 Page 2 of 63

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

15BFA024Q00000038 Page 3 of 63

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Section 2.1 Pricing Methodology Section 2.2 Statement of Work - Licensed Practical Nurse (LPN) III - FMC Devens Section 2.3 Special Contract Conditions

3 Contract Clauses 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.224-1 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 (Mar 2023) 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) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020) 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-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-04 Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking

(DEC 2014)

DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) 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 (Feb 2024)

4 List of Attachments 5 Solicitation Provisions

52.204-7 System for Award Management (Oct 2018) 52.217-5 Evaluation of Options (July 1990)

5.2 Tailoring and Quote Submission Instructions

5.3 Evaluation and Award Methodology

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Feb 2024)

15BFA024Q00000038 Page 4 of 63

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Base Year - Six (6) - Licensed Practical Nurse (LPN) III.

See attached Statement of Work.

Effective Date of Award (EDOA) through 12 months from EDOA.

Estimated Maximum

PSC: Q201

12,480 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Option Year 1 - Six (6) -Licensed Practical Nurse (LPN) III. See attached Statement of Work.

13 months from Effective Date of Award (EDOA) through 24 months from EDOA.

Estimated Maximum

PSC: Q201

12,480 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Option Year 2 - Six (6) -Licensed Practical Nurse (LPN) III. See attached Statement of Work.

25 months from Effective Date of Award (EDOA) through 36 months from EDOA.

Estimated Maximum

PSC: Q201

12,480 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Option Year 3 - Six (6) -Licensed Practical Nurse (LPN) III. See attached Statement of Work.

37 months from Effective Date of Award (EDOA) through 48 months from EDOA.

Estimated Maximum

PSC: Q201

12,480 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Option Year 4 - Six (6) -Licensed Practical Nurse (LPN) III. See attached Statement of Work.

49 months from Effective Date of Award (EDOA) through 60 months from EDOA.

Estimated Maximum

PSC: Q201

12,480 SS $________ $_________________

Aggregate Total: $__________________________ (Base + All Options)

15BFA024Q00000038 Page 5 of 63

Section 2.1 Pricing Methodology

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.

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.

Section 2.2 Statement of Work - Licensed Practical Nurse (LPN) III - FMC Devens

SUBJECT:

The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas, intends to make a single award of an indefinite delivery/requirement type contract with firm-fixed unit prices for the provision of Licensed Practical Nurse (LPN) III Services for the inmate population at the Federal Medical Center (FMC) located in Ayer, Massachusetts. The contractor shall perform all duties in accordance with standards and methods generally accepted within the Licensed Practical Nursing field and must be in compliance with all Federal and State policy and regulations. The Contractor shall adhere to all regulations associated with the Joint commission (JC) and American Correctional Association Foundation/Core Standards for Adult Correctional Institutions.

PLACE OF PERFORMANCE:

Federal Medical Center (FMC) 42 Patton Road Ayer, Massachusetts 01432

Services will be performed in the Health Services Department.

General information about the FMC Devens can be found at www.bop.gov.

SCHEDULE:

Minimum staffing will consist of six (6) LPN (DOL Occupation Code 12073) who will be required to provide an estimated 40 sessions per week (6x40=240 sessions per week). One (1) session is defined as one hour. Partial sessions are not authorized.

The Contractor will provide 6 individuals, eight (1) hour sessions per day, 5 days per week. Work hours will be at a time mutually agreed upon between the Contractor and the Director of Nursing or their designees. These hours may be adjusted to meet the needs of the institution. Hours will be on all shifts and include some weekend coverage. The Contractor shall not exceed an estimated 40 hours per week. Schedules will generally be posted 14 days in advance.

In the event of a long-term absence, the Contractor will provide replacement coverage. If the Contractor fails to provide coverage, the Bureau of Prisons may seek contractual remedy.

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. When contract employees report to the institution but are unable to perform services due to such delays, the Contractor will be paid for one session. Normally, any remaining sessions for that day will be suspended and the Contractor will be free to leave, and the Contractor will not be paid for the remaining unperformed sessions. However, if the institution requests that the Contractor remain at the institution for eventual performance, the Contractor shall be paid for such sessions. In the event of any absence, the Contractor may make up his/her time so long as it does not exceed an estimated 40 hours in any given week as no overtime pay or holiday pay is authorized. There will be no overtime or holiday pay rate, nor any shift differential, regardless of the shift hours scheduled. The pay rate is a fixed rate.

EDUCATION AND EXPERIENCE:

The Contractor shall possess the necessary skills, abilities, and credentials to perform, professional services of a Licensed Practical Nurse. All below listed information shall be provided prior to being accepted for work at FMC Devens. The LPN assigned to FMC Devens by the Contractor must possess the following qualifications:

• Possess and maintain a valid and current unrestricted licensure as a Licensed Practical

15BFA024Q00000038 Page 6 of 63

Nurse in the United States.

• Minimum of 1-year recent experience in acute care, ambulatory care, or psychiatric care facility as a Licensed Practical Nurse. Experience in corrections preferred, but not required.

• Certified in Health Care Provider/Basic Life Support in accordance with the American Heart Association and provide a copy of his/her certification.

• Must have experience with medical equipment.

• Documentation of medication administration competency.

FMC Devens will issue an “initial candidate package” for contractor staff. This shall be filled out in its entirety and submitted for each LPN candidate. Additionally, the Contractor will be required to submit a detailed resume with all applicants’ packages.

DECRIPTION AND DUTIES:

The Contractor will provide LPN Services for those inmate patients referred to them by the Health Services Department at FMC Devens.

The contractor must have the ability to work with an inmate population from a variety of cultural, regional, racial, and ethnic backgrounds. The Contractor will coordinate activities and work closely with the Clinical Director, Medical Officer, and Mid-Level Practitioners of the institution in the treatment of inmate patients.

The Contractor(s) shall be responsible for, but not limited to the following:

• The Contractor shall be responsible for providing verification of credentials, and all necessary documentation for full credentials.

• Provides assistance to the Registered Nurse (RN) in performing patient care activities with General Population and/or Mental Health inmates;

• Assists with admissions and discharges from the unit;

• Bedside care and assisting patients with activities of daily living;

• Assists with toileting, incontinence care, showering and dressing;

• Safely transfers/transports patients in wheelchairs or on gurneys;

• Assists with ambulation, turning and positioning of patients;

• Assists the RN with respiratory care (coughing, deep breathing, etc.) as well as intake and output measuring/ documentation, patient vital signs and other patient care or procedures not requiring the knowledge or experience of a

RN;

• Secures specimens for laboratory analysis (i.e. urine, stool, sputum, etc.), labels specimens and transports them to the lab;

• Assists with postmortem care;

• Restock supplies;

• Documents actions in the Bureau Electronic Medical Record (BEMR);

• Responsible for all other duties and tasks assigned by the supervisor.

• Assisting the physician or mid-level provider with procedures.

• Provision of ambulatory nursing care, evaluations, and treatments.

• Administration of medications to include pill/insulin line as directed by the physician.

• Triage screening of inmates

• Performing veni-punctures on occasion

• Assisting BOP staff with care of inpatient mental health inmates

• Clerical duties, to include providing a documented report upon completion of the session through written and/or electronic documentation in the inmate’s medical records.

• Provide direct patient care services in accordance with legal, ethical, and institutional standards through the evaluation of patients and therapeutic treatment as ordered by Health Services clinical staff.

• Establish diagnostic impressions and requests appropriate diagnostic tests (e.g.

laboratory, x-ray, visual acuity, and electrocardiogram) and ability to interpret results.

• Document all clinical encounters using Bureau of Prisons Electronic Medical Record.

• Review all ordered tests and procedures within 24 hours of receiving results or the next business day.

• Administer medication as prescribed i.e., by mouth, intradermally, subcutaneously, or intramuscularly.

• Secure a health and developmental history from the patient, records findings, and makes critical evaluations. Provide current entries for maintenance of medical records.

• Provide a wide range of emergency services including primary care for trauma and lifesaving procedures.

• Serve as the primary provider for routine requests for evaluation of new complaints, for routine recurring visits for chronic illness, and emergencies when clinically indicated.

15BFA024Q00000038 Page 7 of 63

• Manages the daily operation of the clinic and conducts daily sick call.

• Possess knowledge of treatment of chronic health problems, i.e., hypertension, diabetes, and asthma.

• Maintain patient privacy and confidentiality.

• Initiate emergency care as needed according to community standards.

• Adhere to infection control policies and procedures.

• Ability to provide basic first aid, prevention care, and guidance in treating a variety of common illnesses/injuries.

• Ability and skill to operate EKG and laboratory equipment.

• Knowledge of mental health disorders and has the ability to screen for gross mood changes.

• Perform duties as required, but accept only those assignments that are commensurate with his/her educational preparation, training, experience, and licensure laws.

Services rendered shall be professional in nature, and consistent with community standards of care. The Contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks outlined in this Statement of Work (provided all requirements are met in accordance with the policies described below). Contractor shall adhere to all applicable federal, state, and local regulations during the performance of duties. Specifically written for adherence are the following policies:

(1) Federal Bureau of Prisons Health Services Program Statements and Operation Memorandums;

(2) American Correctional Association Standards (ACA);

RECORD KEEPING:

The Bureau of Prisons shall establish and maintain a record keeping system that will record the hours worked by the contractor's employee(s). Contractor's employee(s) shall report to the Nursing Shift Supervisor or designee upon arrival to and departure from the institution.

Monitoring of Contractor employee's time shall be demonstrated through sign-in/sign-out sheets.

Documentation of services performed shall be reviewed by the Program Manager or designee prior to certification of all payments. The Bureau of Prisons shall only pay for services actually performed. Record keeping procedures shall be sufficient to ensure proper payment and allow audit verification that services were provided. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Administrative Contracting Officer (ACO).

ATTIRE:

The contractor is expected to wear professional clothing while on duty. The contractor is responsible for providing his/her own smocks, laboratory coats, and surgical scrubs. The attire worn shall also be appropriate for the correctional environment in which the contract employee will be performing. The contractor is prohibited from wearing Khaki or any color similar to Khaki due to Khaki being the primary color worn by inmates. The contractor is prohibited from wearing light colored smocks, scrubs, laboratory coats, and surgical scrubs so no under garments could be inadvertently revealed. Uniform will consist of Navy, Royal or Ceil Blue surgical scrubs.

SUPPLIES/EQUIPMENT:

In recognition of institution security concerns, the supplies and equipment that the contractor may require while at the institution in the performance of the contract will be furnished by and remains the property of the Government. These supplies will normally include any materials needed to perform the services covered under this contract (i.e., gowns, gloves, surgical masks, safety glasses and Personal Protective Equipment (PPE)). If the contractor requires special equipment or supplies, a written request may be submitted for consideration by the Health Services Administrator (HSA).

The contractor will be required to notify the HSA of material and supply needs sufficiently in advance to ensure adequate levels are maintained. Additionally, the Government will furnish all required Government forms to be used in the performance of services. All records maintained by the contractor under this contract will remain the property of the institution.

HEALTH REQUIRMENTS:

The contractor shall ensure their employee is free of communicable diseases. Any individual who subsequently develops a medical condition which might reasonably be expected to place other workers, inmates, or the public at risk shall be immediately removed from affected activities. In any such case, the contractor shall be responsible, at no additional cost to the institution, for securing the services of any replacement personnel required to perform this contract.

15BFA024Q00000038 Page 8 of 63

The contract employee may be required to submit to testing for/or provide evidence acceptable to the Clinical Director (CD) of recent testing for tuberculosis of other communicable diseases. Failure to submit to testing for or providing acceptable evidence of recent testing for or immunity to selected communicable diseases shall be grounds for denying access to inmates. The contract employee shall immediately inform, in writing to the Contract Officer’s Representative (COR) and Administrative Contracting Officer (ACO), and adverse action taken by any regulatory body involving certification. This includes, but is not limited to, suspensions, revocations, restrictions on licensure as any state.

WORK MANAGEMENT:

The successful contracting company applicant will be required to follow any and all applicable guidelines for the services to be provided. He/she will also maintain accountability of all Government furnished materials, supplies, and equipment.

The contracting company applicant will sign the provided log or sign-in sheet as documentation for sessions worked and for security purposes.

PATIENT MANAGEMENT:

The Contractor will be responsible for following directives and complying with the Bureau of Prisons’ Health Services Manual, FMC Devens institutional mandates and the Health Service Department’s policies in the management of all patient encounters. Patients shall be afforded impartial access to treatment or accommodations that are available or medically indicated, regardless of race, creed, sex, national origin, gender, or religion.

INMATE MANAGEMENT:

Provision of services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract’s scope of work abide by all rules to ensure their safety and well-being. The successful Contractor shall attend the Institution Familiarization Orientation Program prior to assuming institution involvement, consisting of approximately 4 hours and annually thereafter. The date and time for this training will be mutually agreed by both parties and offered minimally once per month. Reimbursement to the Contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The Contractor may, at any time, be removed from the institution at the discretion of the Warden. The Contractor is to constantly be aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Bureau of Prisons employee employed at the institution. The Contractor will be required to provide documentation to the COR, or designee, of any infractions of institutional rules and regulations by inmates for proper action.

INSTITUTION SECURITY:

The Contractor/contract employees shall agree to all regulations prescribed by the institution for the safety, custody, and conduct of inmates. The contract employee will be required to operate a system of records as identified for medical treatment documentation and will require adherence to the Privacy Act of 1974. The contract employee will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn in a visible location at all times, for proper identification. If a change in Contractor personnel occurs during the contract period, the new personnel will be required to attend the Orientation Training Program and acquire a security clearance before performing services.

RESTRICTIONS ON CONTRACT WORKERS:

The Contractor shall not:

1. Supervise inmates;

2. Supervise Bureau of Prisons Staff;

3. Participate in inmate accountability;

4. Requisition, sign for or pick up supplies;

5. Formulate policy or procedures;

6. Attend recalls or staff functions.

ONBOARDING PROCESS:

All contract staff are required to be unescorted badged staff to work at FMC Devens. This may require an extensive onboarding process. The following is generalized steps for a prospective contractor to be aware of.

1) Contractor finds viable candidate.

2) The Contractor shall be responsible for providing verification of credentials, and all necessary documentation for full credentials.

3) Contractor sends NCIC form and credit check form to Program Manager

4) FMC Devens will run NCIC and Credit Check.

5) Pending both show favorable results, Program Manager and Contractor company will schedule FMC Devens site visit with the contractor.

15BFA024Q00000038 Page 9 of 63

6) On site visit date:

Contractor will meet with program manager Urinalysis will be conducted Contractor will bring in completed “initial candidate package” (supplied initially by FMC Devens) FMC Devens will conduct fingerprints FMC Devens will review initial candidate package

7) Candidate will then be loaded into the National Background Investigation System (NBIS). The candidate will have 7 days to complete NBIS. If they are non-compliant, they will be removed from NBIS. The contractor is responsible for following up with their candidate to ensure it is completed.

8) FMC Devens will review the NBIS when completed and submit. FMC Devens must wait until a wavier is obtained. A process then must take place for the badge to arrive.

9) Once a wavier is obtained the contractor will be contacted to schedule initial on-site Institutional Familiarization (approximately 4hrs).

10) Once training is completed and vouchering forms are received, a badge will be created and the contractor may be scheduled to work.

ONBOARDING SCHEDULE:

FMC Devens requires this contract to be fully compliant with the minimum staffing requirement listed in the schedule. To reiterate, minimum staffing will consist of six (6) Licensed Practical Nurses (LPN) (DOL Occupation Code 12073) who will be required to provide an estimated 40 sessions per week (6x40=240 sessions per week). One (1) session is defined as one hour. Partial sessions are not authorized.

The contractor is expected to be at the minimum staffing level at these milestones:

• 2 Months from Effective Date of Award: 1 full time LPN Contract Staff working at FMC Devens

• 4 Months from Effective Date of Award: 2 full time LPN Contract Staff working at FMC Devens

• 6 Months from Effective Date of Award: 3 full time LPN Contract Staff working at FMC Devens

• 8 Months from Effective Date of Award: 4 full time LPN Contract Staff working at FMC Devens

• 10 Months from Effective Date of Award: 5 full time LPN Contract Staff working at FMC Devens

• 12 Months from Effective Date of Award: 6 full time LPN Contract Staff working at FMC Devens If at any time a contract staff is no longer working at FMC Devens, the contractor is expected to immediately replace the contractor and continue on the milestones. If the Contractor fails to provide coverage, the Bureau of Prisons may seek contractual remedy.

Section 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 May 2024 and with an anticipated Effective Date of Award (EDOA) of June 1, 2024. On or about the EDOA, FMC Devens will issue a task order to the contractor. The contractor shall commence full performance 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 year 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.”

Performance Period(s): The anticipated Effective Date of Award (EDOA) is June 1, 2024.

Base Year: Effective Date of Award (EDOA) through 12 months from EDOA;

Option Year 1: 13 months from EDOA through 24 months from EDOA Option Year 2: 25 months from the EDOA thorough 36 months from EDOA Option Year 3: 37 months from the EDOA through 48 months from EDOA Optin Year 4: 49 months from EDOA through 60 months from EDOA

Point of Acceptance: The point of acceptance for services is FMC Devens, 42 Patton Road, Ayer, Massachusetts 01432.

Non-Personal Services Information: This service is a contactual arrangement and not a personal appointment. Payment is based on the provison 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.

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Healthcare Provider 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 fo professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered. The contractor must indemnify the Government for any liability producing act of omission by the contractor, its employees and agents occurring during performance. The contractor must maintain medical liability insurance in the amount of $1,000,000 per occurrence/$3,000,000 aggregate. Any subcontracts for the provision of services must contain all the requirements of the clause at FAR 52.27-7, "indemnification and Medical Liability Insurance," including the maintenance of medical liabiltiy 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. Refer to Federal Acquisition Regulation (FAR) 52.237-7, Indemnification and Medical Liability Insurance. If the contractor or physician who is providing services under this contract has pending litigation or administrative proceedings thay 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 notification. If it is determined by the medical legal review that the standard of care has not been met or there is substantial evidence of negligence on the part of the contractor or contract employee, regardless of the final judicial decision, the physician may lose his/her privileges to practice at the BOP.

Quality of Patient Care/Non-Discrimination: The professional service providers will provide the Bureau patients under the terms of this contract the same equal services to those provided to non-Bureau patients. Professional services 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 include but are not limited to the following: denying any service or benefit;

providing any service or benefits to 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 determing 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) provided 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 of 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".

Health Care Provider Credential Verificaton, Privileges, and Practice Agreement Program: Health care service employees are subject to Program Statement 6021.02, Health Care Provider Credential Verification, Privileges , and Practice Agreement Program, dated 10/12/2026. This program statement is available at www.bop.gov.

System of Records: (Privacy Act Notification) The contract will require contracted staff to operate a system of records and maintain documentation that will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards for adult health care. The contractor and/or staff are not authorized to disclose this or any information pertaining to an inmated to any non-Bureau source. Any request for such information shall be forwarded to the Contracting Officer or COR for proper disposition.

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 Contracting Officer Representative (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 Devens 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

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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.

Ordering Official: Individual task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FMC Devens with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods. Task orders will take the form of an OF-347 or SF-1449.

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 the 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;

(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 all of the above security requirements.

Quoters should also note that clause DOJ-03, Personal 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 Devens.

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 statues, 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 perfoming 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.

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Service Contract Labor Standards Wage Determination: The applicable Wage Determination for this requirement is WD 2015-4035, Rev. No. 26, dated 12/26/2023. The current revision of the Wage Determination is provided as Attachment II informational purposes only. Orders placed against the contract will be subject to the version of the Wage Determination in effect at the time the Task Order is issued.

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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 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)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

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

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

52.224-1 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 (Mar 2023)

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 last day of the current performance period.

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

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

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(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 deliverable identified in Schedule of Services, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

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

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

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

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

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

(End of clause)

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.

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