RFQ Temp Registered Nurse FMC Devens.pdf

Field Acquisition Office Grand Prairie, Texas 75051

RE: Request for Quote 15BFA023Q00000059

TEMPORARY REGISTERED NURSE

Federal Medical Center (FMC) – Devens, MA

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Temporary Registered Nurses for FMC Devens. 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 Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, all quoters SAM registration should include NAICS code 561320.

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 June 9, 2023, at 09:00 a.m. Central Time. Quotes shall be submitted electronically via email to kdupas@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. Quotes received after the quote deadline will be handled in accordance with FAR 212-1(f).

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

Sincerely, //s//

Keith Dupas, Contracting Officer

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

15BFA023Q00000059 Page 1 of 73

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

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

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE r· ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

15BF A023Q00000059 05/18/2023

7. FOR SOLICITATION

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

INFORMATION CALL: Keith Dupas kdupas@bop.gov 972-352-4530 06/09/2023 09:00 CT

9. ISSUED BY CODE I 15BFAO 10. THE ACQUISITION IS □ UNRESTRICTED OR [K] SET ASIDE:100.00 %FOR Federal Bureau of Prisons

0 NORTH AMERICAN SMALL BUSINESS

WOMEN-OWNED SMALL Field Acquisition Office BUSINESS (WOSB) INDUSTRY CLASSIFICATION

U.S. Armed Forces Reserve Complex □

HUBZONE SMALL STANDARD (NAICS):

BUSINESS

ECONOMICALLY DISADVANTAGED 561320 346 Marine Forces Drive

SERVICE-DISABLED

WOMEN-OWNED SMALL BUSINESS

Grand Prairie, TX 75051 VETERAN-OWNED

(EDWOSB) SIZE STANDARD:

SMALL BUSINESS □ 8(A) $34 million

(SDVOSB)

11. DELIVERY FOR FREE ON BOARD 12. DISCOUNT TERMS 13b. RATING (FOB) DESTINATION UNLESS 13a. THIS CONTRACT IS A

BLOCK IS MARKED □ RATED ORDER UNDER THE 14. METHOD OF SOLICITATION

NET30 DEFENSE PRIORITIES AND REQUEST

ALLOCATIONS SYSTEM �

REQUEST □ INVITATION □ SEE SCHEDULE FOR QUOTE FOR BID

□ FOR

DPAS (15 CFR 700) (RFQ) (IFB) PROPOSAL

15. DELIVER TO CODE I 15B205

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

17a. CONTRACTOR/ CODEI I FACILITY I

OFFEROR CODE

TELEPHONE NUMBER

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

OFFER

19.

jTEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

The Contractor shall provide Temporary Registered (4) services at the Federal Medical Center (FMC) located in

Devens, Massachusetts in accordance with the Statement of Work.

Firm Fixed Price

See Continuation Sheet(s)

( Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

(RFP)

16. ADMINISTERED BY CODE I 15B205

Federal Bureau of Prisons FMC Devens 42PattonRd Ayer, MA 01432

18a. PAYMENT WILL BE MADE BY CODE IBDEV

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

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

BELOW IS CHECKED □ SEE ADDENDUM

21. 22. 23. 24.

QUANTITY UNIT UNIT PRICE AMOUNT

26. TOTAL AWARD AMOUNT (For Government Use Only)

� 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

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

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

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

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

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 CONTRACT/NG OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

Keith Dupas

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA- FAR (48 CFR) 53.212

I

15BFA023Q00000059 Page 2 of 73

Section 1 - Commodity or Services Schedule

ITEM NO.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES EST. UNIT UNIT PRICE

QUANTITY

3,840 ss $ Performance Period 1 120 workdays

Temp Registered III Nurse (4) Services Approximately 960 sessions each

Estimated Maximum.

PSC: Q999

SUPPLIES/SERVICES EST. UNIT UNIT PRICE

QUANTITY

3,840 ss $ Performance Period 2 Additional 120 workdays

Temp Registered Nurse III (4) Services Approximately 960 sessions each

Estimated Maximum.

PSC: Q999

AMOUNT

AMOUNT

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

Subject:

The Federal Bureau of Prisons, Field Acquisition Office in Grand Prairie, Texas intends to make a single award of an indefinite delivery/requirements type contract with firm fixed pricing for the provision of Registered Nurse III (4) at the Federal Medical Center (FMC) located in Devens, MA.

The proposed contract resulting from this solicitation is for 120 workdays, possibility of an additional 120 days extension. The Government is not obligated to exercise any of the option years.

Place of Performance

Federal Medical Center (FMC) P.O. Box 880 Ayer, Massachusetts 01432

Services will be performed in multiple areas of the Health Services Department, to include, but not limited to, the Outpatient Clinic, the Long Term Care Unit, the second and third floors of the Medical Housing Unit (P building), the Mental Health Unit, the Memory Disorder Unit, Medication Administration lines to include pill line and insulin line, Special Housing Unit, the Satellite Camp, and Receiving and Discharge.

Schedule of Performance

The contractor shall be available to provide services when requested, seven days per week, 365 days per year. This includes all Federal Holidays. The services will be provided to FMC Devens, on an as needed basis.

The contract rate for these services shall be on a per session basis. Session lengths are defined as one (1) hour. Partial sessions are not authorized. The contract rates shall include ALL charges for providing nursing services.

The required number of minimum sessions per week is 280 (4 RN’s DOL Occupation Code 12314 x 40 hour per week = 160). The hours may be adjusted to meet the variable needs of FMC Devens and the unpredictable nature of the correctional environment. Individual employees may not exceed 40 hours per week. Specific dates and times of sessions will be determined mutually between the contractor and the Director of Nursing or his/her designee.

In the event of a long-term absence, the contractor will provide replacement coverage. If the contractor fails to provide coverage; the Government may seek contractual remedy.

Schedules will generally be posted 14 days in advance. There may be occasions to adjust the contractor's employee(s) schedule due to circumstances such as extended illness or injury of BOP staff. In that event, every attempt will be made to provide 24-hour notice. Overtime is not authorized.

FMC Devens has implemented a screening process prior to admission inside FMC Devens for COVID-19 and its symptoms, dependent upon a three-level tiered operations matrix. The contractor shall submit to these screenings prior to entering FMC Devens every day, to include when the operations matrix requires enhanced screening. Failure to pass the screening site will result in the contractor not being able to enter FMC Devens. FMC Devens COR will notify the contractor a.s.a.p. that the contractor did not pass the screening site and what the next steps would be.

Minimum Education and Experience Requirements

The Registered Nurse (contractor) must be certified to practice medicine in any state in the United States or territory. Providing verification of credentials (education, current licensor/status competency, continuing medical education), and proof of malpractice insurance, as required by the Joint Commission. He/She must have at one years of experience.

Background clearance packets submitted by potential contractor employees shall be accompanied by a certified or photo static copy of their current license.

The Contractor must be Cardio-Pulmonary Resuscitation (CPR) certified, in accordance with the American Heart Association Basic Life Support. The contractor must possess and submit with their quotation, evidentiary documentation of their graduation from an accredited school.

In the case of a company, the qualified individual selected to perform these services on behalf of the contractor must be identified at the time the quotation is submitted.

Description of Duties The services will be provided to inmates in the custody of the Federal Bureau of Prisons. 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:

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.

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.

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). If the contractor requires special equipment or supplies, a written request may be submitted for consideration by the Health Services Administrator.

The contractor will be required to notify the Health Services Administrator 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.

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 colors 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 or Black surgical scrubs.

Restrictions on Contract Workers

The Contractor shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisition, sign for, or pick up supplies, formulate policy or procedures, or attend meetings, staff recalls or staff functions.

Contractor Performance Assessment Reporting System (CPARS)

The Department of Justice, Federal Bureau of Prisons utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARs) to provide contractor performance evaluation. The Contractor's performance will be evaluated in accordance with FAR Part 42.

CPARS reports will be prepared by the COR and maintained in the contract file. The Contractor shall provide and maintain a current e-mail address throughout the life of the contract for the institution contracting staff/focal point. The Contractor shall register with the DOD within 30 days of receiving an e-mail from the focal point. The e-mail will contain the user ID to register. The Contractor must be registered to access and review its evaluation and/or as provide a response. If assistance is required when registering, please contact the institutional contracting office for assistance, guidance, and instructions.

Patient Management

Patients shall be afforded impartial access to treatment or accommodations that are available or medically indicated, regardless of race, creed, sex, national origin or religion. Services provided under the sponsorship of the Contractor shall be departments/services of the medical department. The Contractor shall not provide information to the inmate(s). If the situation arises, where inmate(s) are required to be provided information, the Clinical Director, Medical Officer, or Mid-Level Practitioner shall provide any information the inmate(s) are to receive. The Contractor is required to maintain an open line of communication with the Clinical Director, Health Services Administrator, Medical Officer, and Mid-Level Practitioner. The Clinical Director, Medical Officer, Mid-Level Practitioner, and/or Bureau of Prison's (BOP) Physician(s) will retain professional responsibility for all patients referred to medical.

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. 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 CEO. 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 Government employee employed by 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 at all times for proper identification.

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 June 2023 and with an anticipated effective date of award (EDOA) of August 1, 2023. On or about the EDOA, FMC Devens will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA. Therefore, all background clearances shall be completed prior to the EDOA.

The resulting contract will include a base year period from the effective date of award (EDOA) through 120 workdays with an additional120 workdays option. 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 August 1, 2023.

Base year: Effective Date of Award (EDOW) through 120 workdays Option Year 1: Additional 120 workdays.

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.

Quality of Patient Care/Non-Discrimination: The professional service providers will provide Bureau patients under the terms of this Contract the same or equal services to those provided to non-Bureau patients. Professional service providers shall be provided within accepted professional standards. The contractor agrees to make no distinction among patients under this contract on the basis of race, color, creed, national origin, or physical condition. For this contract, distinctions on the grounds of race, color, creed, national origin, or physical condition include but are not limited to the following: denying any service or benefit; providing any service or benefit to a patient which is different; or if provided in a different manner or at a different time from that provided to other patients under this contract; subjecting a patient to segregation or separate treatment in any manner related to his receipt of any service; restricting a patient in any way in the enjoyment of an advantage or privilege enjoyed by others in determining whether he satisfies any admission, enrollment quota, eligibility, membership or other requirement or condition which an individual must meet in order to be provided any service or benefit; the assignment of time or places for the provision of services on the basis of race, color, creed, or national origin of the patients served.

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

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 that may affect his/her license to practice medicine or standing as a fellow member in a professional organization, full disclosure shall be provided to the CM/COR and CO within five calendar days upon official 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.

Health Care Provider Credential Verification, 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 10/12/2016. This program statement is available at www.bop.gov.

Privacy Act Notification: The BPA 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 inmate to any non-Bureau source. Any requests 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 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 70; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FMC 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 a 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 (SF-85 for Low Risk, SF-85P for above low risk);

(10) Credit Check, if applicable;

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

Schedule of Insurance: In accordance with 28.307-2, (a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

(See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

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

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

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Vessel liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

Statement of Equivalent Hires: The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: Registered Nurse Code 12314- $37.81 plus benefits; Wage Determination No. 2015-4035, Dated 12/27/2022. As stated in the contract clause, this is for information purposes only.

Service Contract Labor Standards Wage Determination: The applicable wage determination for this requirement is WD 2015-4035, Rev 22, dated 12/27/2022. The current revision of the wage determination is provided as Attachment I informational purposes only. Task Orders placed against the Contract will be subject to the version of the wage determination in effect at the time each task order is issued.

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.

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 52.216-18, 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— http://www.acquistion.gov/far

(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.

(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.

(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 https://www.acquisition.gov/far/part-37#FAR_37_101 reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

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

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

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

(End of clause)

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) Monique Charles-Washington, FMC Devens has been assigned as the Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract;

providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

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

(End of Clause)

BOP 2852.237-72 DOJ Contractor Residency Requirement (June 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

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

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

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

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries:

http://www.opm.gov/employ/html/citizen.htm

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

(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 contact the Contracting Staff/Focal Point. (End of cause)

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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/.