RFQ FMC Devens SLP.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 Speech Language Pathologist for Federal Medical Center Devens, 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 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 Unique Entity Identification (UEID) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees UEID 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 solicitations, all quoters SAM registration should include NAICS code 561320 Temporary Services Help.

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 October 31, 2023, at 09:00. Central Time.

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

Sincerely, //s//

Vivian Van Buren Contract Specialist http://www.aptac-us.org/ mailto:vvanburen@bop.gov

15BFA023Q00000122 Page 1 of 71

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

15BFA023Q00000122

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

10/03/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Vivian Van Buren vvanburen@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4502

8. OFFER DUE DATE / LOCAL

TIME

10/31/2023 09:00 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):

561320

SIZE STANDARD:

34 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

According to PROVISION of Speech Language Pathologist Statement of Work for FMC Devens

Unique Entity ID #: _____________________________

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

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)

Vivian Van Buren

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212 x

15BFA023Q00000122 Page 2 of 71

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Speech Language Pathologist Services

Effective Date of Award (EDOA) through twelve months from the

EDOA

Estimated Maximum

PSC: Q999

Base Period

1,104 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Speech Language Pathologist Services

13 months from Effective Date of Award (EDOA) through twenty-four months from the EDOA

Estimated Maximum

PSC: Q999

Option Period 1

1,104 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Speech Language Pathologist Services

25 months from Effective Date of Award (EDOA) through thirty-six months from the EDOA

Estimated Maximum

PSC: Q999

Option Period 2

1,104 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Speech Language Pathologist Services

37 months from Effective Date of Award (EDOA) through forty-eight months from the EDOA

Estimated Maximum

PSC: Q999

Option Period 3

1,104 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Speech Language Pathologist Services

49 months from Effective Date of Award (EDOA) through sixty months from the EDOA

1,104 SS $________ $_________________

15BFA023Q00000122 Page 3 of 71

Estimated Maximum

PSC: Q999

Option Period 4

AGGREGATE TOTAL: $______________________________(BASE PLUS ALL OPTIONS)

Continuation of Standard Form 1449

Section 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 -Speech Language Pathologist

SUBJECT

The Federal Bureau of Prisons (BOP) Field Acquisition, Grand Prairie, Texas intends to make a single award to an indefinite delivery/requirements type contract with firm-fixed unit prices to a responsible entity for the provision of Speech Language Pathology services as prescribed in the description of duties listed below at the Federal Medical Center (FMC) Devens, Massachusetts. General information regarding the Bureau of Prisons (BOP) and its facilities is located at www.bop.gov.

PLACE OF PERFORMANCE

Federal Medical Center (FMC) Devens 42 Patton Road Ayer, Massachusetts 01432 Services will be performed in the Health Services Department.

SCHEDULE

A session is defined as one hour. Partial sessions are not authorized. The contractor will normally provide, six (1) hour sessions per day, 4 days per week, excluding Federal Holidays. A typical schedule of day and hours are Monday through Friday, 9:00 to 3:30 PM. This is to include an unpaid 30-minute lunch. The schedule is subject to some variation as the needs of the institution may vary, work hours will be at a time mutually agreed upon between the contractor and the Health Services Administrator (HSA) or their designees. These hours may be adjusted to meet the needs of the institution. The contractor shall not normally exceed an estimated 24 hours per week.

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 estimated 24 hours in any given week. If the contractor fails to provide coverage, the Government may seek contractual remedy.

SUPPLIES

Any medical supplies required for the performance of this contract will be provided by the Government.

15BFA023Q00000122 Page 4 of 71

SCOPE OF SERVICE

The contractor shall be responsible for; providing verification of credentials.

Diagnosis and evaluates the inmate speech and language skills as related to educational, medical, psychological, and social factors.

Perform and interpret tests to assist in the differential diagnosis of the inmate.

Selects appropriate therapeutic procedures to treat the identified needs of the inmate.

Develops, documents, and implements a plan of care.

Provides instruction/ therapeutic exercises to inmates to facilitate self-care within the limits of inmate’s abilities.

Provides instruction in the use of assistive devices to the inmate.

Must have no health restrictions that impede provision of care.

RECORD KEEPING

The FMC shall establish and maintain a record keeping system that will record the hours worked by the contractor. Monitoring of Contractor’s time shall be demonstrated through sign-in/sign-out sheets. Documentation of services performed shall be reviewed by the Contracting Officer’s Representative (COR) 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 COR shall be forwarded immediately to the Administrative Contracting Officer (ACO).

COMPLIANCE WITH CONTRACT REQUIREMENTS

This contract is a non-Personal service contract. The Government may evaluate the quality of professional and administrative services provided but retains no control over the aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The Contractor’s efforts under this contract shall be monitored to ensure the required output is achieved. The Government reserves the right to inspect and evaluate in a reasonable manner all services rendered during the performance of this contract. The contractor shall provide the contract services in a manner consistent with the medical needs of patients and standards of quality and cost-effective patient care. Contractors providing services at FMC Devens shall familiarize themselves with the Federal Bureau of Prisons relevant policies rules and regulations and agree to abide.

The Contractor shall provide a Point of Contact (POC) who shall be responsible for facilitating the Contractor’s delivery of services under this contract. The Contractor shall designate this individual in writing to the ACO prior to the start date of the contract. Alternate POC’s may be designated; however, the Contractor must identify those times when an alternate shall be the primary POC.

The Contractor will not indemnify the Government for any liability producing act or omission by the Contractor;

its employees and agents occurring during contract performance. The Contractor will maintain medical liability insurance, in an amount which is not less than the amount normally prevailing within the local community of Ayer, Massachusetts, for these services. In accordance with FAR clause 52.237-7, “Indemnification and Medical Liability Insurance” the contractor shall maintain during the term of the contract liability insurance issued by a responsible insurance carrier of not less than $1 million per specialty per occurrence. This position is a contract position only and does not provide fringe benefits such as health care, retirement, vacation, or sick time.

INSTITUTION SECURITY

The Contractor agrees to adhere to all regulations prescribed by the institution for the security, custody, and conduct of inmates. All individuals sent by the Contractor shall attend an orientation program prior to assuming institution involvement. Reimbursement to the Contractor for their time spent in institution security/professional related training will be at the session contract rate.

15BFA023Q00000122 Page 5 of 71

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.

A residency requirement applies to both individuals and employees of companies providing services to the Federal Bureau of Prisons. For three of the five years immediately prior to submission of your offer/bid/quote, individuals or contractor employees providing services in any Federal Bureau of Prisons facility must have:

1. resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

INMATE MANAGEMENT

Provisions of services under this contract will require frequent and unsupervised contact with inmates. The Contractor will not be responsible for the management of inmates other than to ensure that those inmates involved in activities within the Contractor’s scope of work shall abide by all rules in effect to ensure their safety and well-being. The Contractor agrees to adhere to all regulations prescribed by the institution for safety, custody, and conduct of the inmates. The contractor shall not supervise or discipline BOP inmates. Contractors shall report/provide documentation to the COR or ACO, any infractions of institutional rules and regulations by inmates.

SPECIAL QUALIFICATION REQUIREMENTS

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

a. Graduate of Speech Pathologist program accredited by the American Speech and Hearing Association.

Masters in Speech Pathology and/or 4 years Post Graduate Training.

b. Valid and current Certificate of Clinical Competency in Speech pathology (CCC-SLP) from the American Speech-Language-Hearing Association (ASHA).

c. Minimum of 1-year recent experience as a speech language pathologist. Experience in corrections preferred, but not required.

d. Proof of CPR certification.

e. Experience with diagnosis and treatment of dysphagia.

RESTRICTIONS ON CONTRACT WORKERS:

The contractor shall not:

1. Supervise inmates

2. Supervise Bureau of Prisons Staff

3. Participate in inmate accountability

4. Formulate policy or procedures

5. Attend recalls or staff functions

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 October and with an anticipated effective date of award (EDOA) of December 1, 2023. On or about the EDOA, FMC Devens will issue a task order to the contractor. The contractor

15BFA023Q00000122 Page 6 of 71 shall commence full performance services on the EDOA; therefore, all background clearances shall be completed prior to 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 period 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 December 1, 2023.

Base Year: Effective Date of Award (EDOA) through 12 months from EDOA Option Period 1: 13 months from EDOA through 24 months from EDOA Option Period 2: 25 months from EDOA through 36 months from EDOA Option Period 3: 37 months from EDOA through 48 months from EDOA Option Period 4: 49 months from EDOA through 60 months from EDOA

Point of Acceptance: The point of acceptance for services is FMC Devens

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.

The resultant contract is for a non‐personal healthcare service provider. The contractor will be an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered. The contractor must indemnify the Government 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 the requirements of the clause at FAR

52.237 -7, "Indemnification and Medical Liability Insurance," including the maintenance of medical liability insurance.

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

15BFA023Q00000122 Page 7 of 71 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”.

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 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 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: 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 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;

15BFA023Q00000122 Page 8 of 71

(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);– Classified Information -- Cleared Contractors 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.

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 educational programs for Speech Language Pathologist. 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 52.228-5 and 28.307-2, (a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage.

Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

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

Section 3-Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Dec 2022)

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, Contract Terms and Conditions – Commercial Items.

15BFA023Q00000122 Page 9 of 71

FAR 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 address:

www.acquistion.gov/far

Clause Title 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (March

2023) 52.232-18 Availability of Funds (Apr 1984)

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

52.228-5 Insurance-Work on Government Installation (Jan 1997)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

52.224-1 Privacy Act Notification (April 1984)

52.224-2 Privacy Act (April 1984)

FAR 52.204-27, Prohibition on a ByteDance Covered Application (June 2023

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117- 328), the No TikTok on Government Devices Act, and its implementing guidance under Office of

15BFA023Q00000122 Page 10 of 71

Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

FAR 52.216-18, Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the current performance period through the 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) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

FAR 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 as 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; or

(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.

15BFA023Q00000122 Page 11 of 71

(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)

FAR 52.216-21 Requirements (Oct 1995)

(a) This is a requirement 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.

(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.

(End of clause)

FAR 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 prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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.

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(c) The total duration of this contract, including the exercise of any options under this clause shall not exceed 5 years.

(End of clause)

FAR 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)

FAR 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:

$1,000,000.00.

(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.

(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.

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(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)

JAR 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (Nov 2020)

(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 hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

JAR 2852.201-70 Contracting Officer’s Representative (COR) (NOV 2020) (a)Mr./Ms. Kate Golden, A H S A , k g o l d e n @ b o p . g o v of FMC Devens, 42 Patton Road, Ayer, MA 01432, is hereby designated to act as Contracting Officer's Representative (COR) under Contract Number:

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TBD , for the period of EDOA through 60 months from EDOA (specify the performance period of the contract that the designation covers).

(b)Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following: Receiving all deliverables; Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract; Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

Evaluating performance of the Contractor; and Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

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

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

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

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

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

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

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

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

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

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

(f)COR authority is not re-delegable.

(End of Clause)

BOP 2852.242-71 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011)

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

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

15BFA023Q00000122 Page 15 of 71 contact the Contracting Staff/Focal Point. (End of cause)

DOJ-01 WHISTLEBLOWER CLAUSE (OCT 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.908 & 52.203-17 and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

(End of Clause)

DOJ-02 Contractor Privacy Requirement (Jan 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224‐1 Privacy Act Notification (APR 1984) and FAR 52.224‐2 Privacy

Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj‐systems‐records.[1] Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal

Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government…