Solicitation.pdf

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

Field Acquisition Office 346 Marine Forces Drive Grand Prairie, Texas 75051

August 9, 2017

Re: RFQP01091700019, Prosthetic and Orthotic Services Federal Medical Center, Lexington, Kentucky

Dear Quoter:

Accompanying this cover letter is a Request for Quotation (RFQ) prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Prosthetic and Orthotic services at the Federal Medical Center located in Lexington, Kentucky. This package contains all the necessary information for submitting a quote for evaluation.

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

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, which at paragraph (t) System for Award Management (SAM), requires all contractors doing business with the Federal Government must be registered in the SAM database. Quoters should include their Data Universal Number System (DUNS) number in their offers. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee’s DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

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

Quotations must be received on or before the deadline of September 1, 2017 at 2:00pm Central Standard Time.

Quotations shall emailed to the following address:

mxxxwalker@bop.gov

Emailed quotes will be accepted in .pdf format only and will be deemed received at the time received as indicated on the email notification. Emails rejected by filters are not the responsibility of the government. Quotes received after the deadline will be processed pursuant to Federal Acquisition Regulation 52.212-1(f). Faxed quotations are not authorized.

Should you have any questions, please make these inquiries in writing. Questions may be emailed to mxxxwalker@bop.gov.

Sincerely, Mark Walker, Contracting Officer Federal Bureau of Prisons Field Acquisition Office mailto:mxxxwalker@bop.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

1103-0018

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

RFQP01091700019

Mark Walker 972-352-4517

BFAO

Federal Bureau of Prisons Federal Medical Center 3301 Leestown Road Lexington, KY 40511

BLEX

Federal Bureau of Prisons Federal Medical Center 3301 Leestown Road Lexington, KY 40511

Federal Bureau of Prisons Federal Medical Center Financial Management 3301 Leestown Road Lexington, KY 40511

To provide Prosthetic and Orthotic services to FMC Lexington as described in the Statement of Work.

See Continuation Sheet(s)

621399

08/09/2017

09/01/2017

14:00:00 CST

BLEX

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

BLEX

Page 1 of 37RFQP01091700019

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

RFQP01091700019 Page 3 of 37

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Ordering Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) DJAR-PGD-07-12 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (May 2008) DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) BOP 2852.201-71 Contracting Officer’s Representative (COR) (June 2012) 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004) BOP 52.242-71 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jan 2017) 4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Oct 2015) 52.27-103-71 Faith-Based and Community-Based Organizations (Aug 2005) 52.212-3 Offeror Representations and Certifications – Commercial Items (Jan 2017)

RFQP01091700019 Page 4 of 37

Section 2 – Commodity or Service Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

To provide Prosthetic and Orthotic services for FMC Lexington.

Base Year - Effective Date of Award (EDOA) through September 30, 2018.

To provide Prosthetic and Orthotic services for FMC Lexington.

Option Year #1 – October 1, 2018 through September 30, 2019.

To provide Prosthetic and Orthotic services for FMC Lexington.

Option Year #2 - October 1, 2019 through September 30, 2020.

To provide Prosthetic and Orthotic services for FMC Lexington.

Option Year #3 - October 1, 2020 through September 30, 2021.

To provide Prosthetic and Orthotic services for FMC Lexington.

Option Year #4 - October 1, 2021 through September 30, 2022.

YR

Base Year: Effective date of Award (EDOA) through September 30, 2018

Orthotics- ______% discount or _______% premium to Medicare Part B, DME POS Fee Schedule for the state of Kentucky.

Prosthetics- ______% discount or _______% premium to Medicare Part B, DME POS Fee Schedule for the state of Kentucky.

Option Year 1: October 1, 2018 through September 30, 2019

Orthotics- ______% discount or _______% premium to Medicare Part B, DME POS Fee Schedule for the state of Kentucky.

Prosthetics- ______% discount or _______% premium to Medicare Part B, DME POS Fee Schedule for the state of Kentucky.

Option Year 2: October 1, 2019 through September 30, 2020

Orthotics- ______% discount or _______% premium to Medicare Part B, DME POS Fee Schedule for the state of Kentucky.

Prosthetics- ______% discount or _______% premium to Medicare Part B, DME POS Fee Schedule for the state of Kentucky.

Option Year 3: October 1, 2020 through September 30, 2021

Orthotics- ______% discount or _______% premium to Medicare Part B, DME POS Fee Schedule for the state of Kentucky.

Prosthetics- ______% discount or _______% premium to Medicare Part B, DME POS Fee Schedule for the state of Kentucky.

Option Year 4: October 1, 2021 through September 30, 2022

Orthotics- ______% discount or _______% premium to Medicare Part B, DME POS Fee Schedule for the state of Kentucky.

Prosthetics- ______% discount or _______% premium to Medicare Part B, DME POS Fee Schedule for the state of Kentucky.

RFQP01091700019 Page 5 of 37

2.1 Pricing Methodology

PRICING METHODOLOGY

The Contractor shall provide non-personal services, upon request by the institution as detailed in the Statement of Work. The Government reserves the right to award without discussion. Therefore, each initial offer should contain the offeror's best terms from a cost or price standpoint.

Services are required to be provided in accordance with the Statement of Work (SOW).

The contract rate for most appliances will be based on the most current DME Fee Schedule for Kentucky. Quoters may quote a discount from, or a premium to, the Medicare DME Fee Schedule, in the form of a percentage, to achieve the desired reimbursement rate.

The quantity of services to be provided by the Contractor is estimated above in Section 2. These estimates are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or normal (FAR 16.503(a)(1)). The offerors are required to submit a completed copy of the Schedule of Supplies/Services, located in the table above, inclusive of the base year and all option years. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), the offeror may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

Price quotes will be calculated from benchmarks utilizing Medicare reimbursement methodologies. For the category of service to be provided quoters will be allowed to propose a variance from the Benchmark Medicare rate in the form of a discount from or a premium to Medicare rates established by the Centers for Medicare and Medicaid Services. The rates established in the resulting contract shall not be construed as participation in the Medicare program, contract rates will merely be equated to Medicare rates of reimbursement without reductions for deductibles, co-payment, or co-insurance. This structuring of pricing methodology is not intended to be restrictive of any quoter. Quoters need only to propose that percentage discount from or premium to the Medicare benchmark rate which will reflect the desired level of payment for the category of services rendered. If during contract performance, it is determined that a necessary contract deliverable is not covered by Medicare reimbursement methodologies, a separte rate shall be negotiated for such deliverable(s). Medicare Part B - The Medicare benchmark to be utilized for all services/goods covered by Medicare Part B shall be those rates established in the most current Medicare Durable Medical Equipment, Prosthetics, Orthotics, and supplies (DME Pos) Fee Schedule for the state of Kentucky. Quoters may propose a discount from or a premium to the benchmark charges.

2.2 Statement of Work

INTRODUCTION

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make a single award to a responsible entity for the provision of Prosthetic and Orthotic services for the Federal Medical Center (FMC) located in Lexington, Kentucky.

General information regarding the Bureau of Prisons (BOP) and its facilities is located at www.bop.gov. The Government reserves the right to award without discussion and to make a single award. Therefore, each initial quote should contain the quoter's best terms from a cost or price standpoint. The base period of performance shall begin on the effective date of award through September 30, 2018 with four optional performance periods.

PLACE OF PERFORMANCE

The Prosthetic and Orthotic services will be performed in the Health Services Department at FMC Lexington at 3301 Leestown Road, Lexington, Kentucky.

SCHEDULE

The schedule will normally consist of bi-monthly visits (approximately 3 hours in length) each month per contract year (approximately 24 per year), to evaluate for the need of custom orthotic and prosthetic fabrication, measure and fit custom items. FMC Lexington retains the right to schedule more or less sessions as needed. The work schedule will be between the hours of 8:30 am and 4:00 pm Monday through Friday excluding Federal Holidays. The work schedule will be mutually determined by the contractor and the FMC Lexington Contracting Officer Representative (COR). The growth in services need over the term of the contract is projected to remain constant. Should there be a substantial increase in patient referral to the FMC, it is possible that there may be an increase in demand for orthotics/prosthetics. The contractor needs to be willing and prepared to meet any additional workload increases during the contract term. A mutually agreed upon schedule will be determined following award.

RFQP01091700019 Page 6 of 37

SUPPLIES AND EQUIPMENT

All equipment and supplies that the contract employee may routinely need will be provided by the Government. These supplies normally will include any materials needed to perform the services required. The contractor and/or their employee(s) will not bring in or remove any equipment, tools or supplies without prior approval of the HSA.

MEDICAL RECORDS

The Contractor will participate in maintaining appropriate records of services performed on the inmate patients. It is understood that upon request, the Contractor will have access to the BOP medical records of inmates for whom the Contractor has provided services.

SERVICES TO BE PROVIDED

The contractor shall generally provide the following Prosthetic and Orthotic services which may include, but are not limited to, the items listed below. Therefore, the contract employee shall be capable of performing any and all procedures needed without any technical support. All duties shall be performed in accordance with standards and methods generally accepted within the fields, and compliance with all Federal and State policy and regulations. The contract employee shall adhere to all standards and regulations associated with The Joint Commission (TJC) and American Correctional Association Foundation/Core Standards for Adult Correctional Institutions.

The services, being non-personal and professional in nature, will be provided in the method as considered appropriate in the local community. These services will be reviewed by a physician on the staff of FMC. The performance of these services will also be verified by a designated Contracting Officer Representative (COR). The initial visit by the contractor will be primarily for the purpose of evaluation and measurement. The contractor will review the consultation requests, interview and evaluate the inmate, and document a recommendation. Within 72 hours concluding the visit the contractor will submit a list to the FMC advising of the contract price of all appliances that have been recommended. This list will include the inmate’s name, the appliance recommended, and the contract price of the appliance. The Chief Physical Therapist will review the list and will authorize/reject the itemized proposals. This list will then be returned to the contractor to obtain the authorized devices. Individual inmates will be fitted with the prosthetic/orthotic device at another visit. This visit will occur after all the appliances have been made and are ready for fitting. Any refitting and/or adjustments needed after the initial fitting will be completed at no additional cost to the FMC.

DESCRIPTION OF DUTIES

The contractor is to provide professional medical services in the field of prosthetics, orthotics, and orthopedic footwear installation.

The applications include upper extremity, lower extremity, individual inner/outer footwear needs and any other custom appliances as determined by the clinical director.

Following are yearly estimates:

Custom fitted orthopedic shoes/boots 25 pair Foot Orthotics 15 pair Knee Orthosis 15 each Ankle/Foot Orthosis 12 each Long Leg braces 5 pair each AK Prosthesis 8 each BK Prosthesis 8 each Prosthetic liners 15 each Custom fitted Compression garments 15 each

The contractor shall also perform repairs to prosthetic devices as deemed necessary by the FMC.

ACADEMIC, EXPERIENCE AND/OR SPECIAL QUALIFICATIONS REQUIREMENTS

The Contractor must have a degree from an accredited school of prosthetics and orthotics. He/she must possess current unrestricted national certification to practice orthotics and prosthetics. Documentation of diplomas, certificates and/or national certification must be provided. A resume or curriculum vitae should be included. The contract individual must have at least three (3) years of experience in this field. The contractor shall ensure submitted prospective employee(s) meet the requirements of vouching process as described in the Human Resource Management Personnel Manual 3000.03. The individual’s name, work experience, and proof of qualification must be provided at the time the quote is submitted. Failure to submit this information may result in quoter not being considered for an award.

RFQP01091700019 Page 7 of 37

The contract individual must possess good organizational skills, good interpersonal relationship skills and be able to work effectively with medical staff. If applicable, the contract individual will hold a current professional license that permits him/her to practice the professional specialty of orthotics and prosthetics.

The contractor must specifically identify the individuals who will be performing these services under any subsequent contract award.

The contractor must provide proof that their candidates meet all qualifications. The candidate’s name and qualifications must be submitted at the time the quote is submitted. Contractor must submit with their quote a resume, photocopies of documents evidencing education, license, certification and training. The contractor is responsible for submitting any updated license/certification to the HSA as the license is renewed.

ATTIRE

The contract employee is expected to wear professional clothing while on duty (scrub uniforms are approved but khaki or green colors are prohibited). The attire worn shall also be appropriate for the correctional environment in which the contract employee will be performing.

CONTRACT EMPLOYEE HEALTH REQUIREMENTS

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

The contract employee will be current with all immunizations required to work in a healthcare setting and proof of documentation will be available for the USP prior to the first day of work. These immunizations include a complete hepatitis B series, MMR or proof of immunity if born prior to 1957and varicella immunization or history of illness. An annual tuberculin skin test record, a two-step tuberculosis skin test, or chest x-ray prior to contract work will be required for TB screening. Annual TB screening and annual influenza is required during contract employment. Contract employees with a positive TB or tuberculin skin test history will have documentation of no active disease by an outside physician prior to contract start. If the contract employee subsequently develops a medical condition which might be reasonably expected to place other workers, patients, or the public at risk, he/she will immediately be removed from all patient care activities.

PATIENT MANAGEMENT

The contract employee will be responsible for receiving patients and explaining procedures to alleviate undue anxiety, submitting reports and evaluations as requested. The contract employee will be responsible for following directives and comply with Bureau of Prisons Health Services Manual, local institutional mandates, and the Health Services Department’s policies in the management of all patient encounters.

Patients shall be afforded impartial access to treatment or accommodations that are available or medically indicated, regardless of race, creed, sex, national origin, or religion. Staffing shall be commensurate with the expected needs of the patients and within the scope of services offered. The contract employee shall NOT provide information to the inmates(s). If the situation arises where inmate(s) are required to be provided information, the Clinical Director, Health Services Administrator (HSA), or COR shall provide any information the inmate(s) are to receive. The contract employee is required to maintain an open line of communication with the Clinical Director, HSA, and COR.

INMATE MANAGEMENT

The contractor, as well as all employees of the contractor, agrees to adhere to all regulations prescribed by the institution in regards to the safety, custody, and conduct of inmates. The custody of federal inmates remains a primary responsibility of the designated facility. The provision of services under this contract will require frequent and unsupervised contact with inmates. The contract employee will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the contract employee’s scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants. The contract employee will report any infractions of rules and regulations by any inmate to the COR or HSA.

INSTITUTION SECURITY

The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. Contract staff will sign the log, indicating the date of visit to the institution, time of arrival, and time of departure. The contractor or its’ employees may, at any time, be removed from the institution at the discretion of the CEO. Additionally, contract staff will each be required to wear an ID

RFQP01091700019 Page 8 of 37 badge, provided by the Government, at all times within the confines of the institution. The contractor will maintain and furnish time and attendance reports as required by the COR or HSA. At the time of arrival and before entry into the institution, contract employees may be required to submit their possessions for passage through an x-ray screening machine and may be required to clear a walk through metal detector.

The contractor, as well as all employees of the contractor, must undergo a security clearance process prior to being permitted to enter the institution. It is the responsibility of the contractor to make sure that those employees submit the required information and complete the necessary actions in a timely manner so as to complete their investigations as expeditiously as possible. Additionally, it is the responsibility of the contractor to provide employees to fulfill this contract who are reasonably certain to be able to successfully complete the security scrutiny. This may involve a more intensive screening process on the part of the contractor.

Contractor employees will be provided with a security and BOP procedures orientation session prior to performing any services under this contact. The date and time for this orientation will be coordinated by the COR or HSA. Refresher training in security and BOP procedures may be required annually. Compensation to the contractor for time spent in this, and any other required security related training, will be at the contract rate, prorated hourly.

RESTRICTIONS ON CONTRACT WORKERS

The contract employees shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisition supplies, sign for or pickup supplies, formulate policy or procedures, or attend staff recalls or staff functions.

The contract employee may attend team meetings, departmental meetings, or other meetings relating to the involvement of the services to be provided by terms of the contract. Some meetings will be required and accomplished on contract time.

METHOD OF PERFORMANCE

The services, although not directly supervised, shall be reviewed by institution staff to ensure contract compliance. The contractors performance will be evaluated in accordance with FAR Part 42. Contract monitoring reports will be prepared by the Contracting Officer and maintained in the contract file. The Government reserves the right to suspend, limit or revoke the contractor’s privileges at the facility due to violations of security procedures.

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

POINT OF CONTACT

The contractor shall provide a Point of Contact (POC) who shall be responsible for the delivery of services under this contract. The POC shall have the full authority to act on behalf of the contractor in all matters relating to the daily operation of the contracted services. The contractor shall designate this individual in writing to the Contracting Officer prior to the start date of the contract. An alternate POC may be designated, however, the contractor must identify those times when the alternate shall be the primary POC.

The contractor will provide a monthly billing statement to the COR or HSA that accurately reflects the days of each visit, the name of the inmate seen, the recommended appliances for each inmate, and the contract price for each of the appliances. Once the devices have been delivered, the COR will authorize payment via Government Credit Card or Electronic Funds Transfer to the contractor for the delivered items.

RFQP01091700019 Page 9 of 37

Section 3 – Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Jan 2017)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far

Clause Title 52.203-3 Gratuities (Apr 1984)

52.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.242-13 Bankruptcy (July 1995)

52.253-1 Computer Generated Forms (Jan 1991)

Clauses by Full Text

52.216-18 Ordering (Oct 1995)

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

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one item, 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.acquisition.gov/far

RFQP01091700019 Page 10 of 37

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

(2) Any order for a combination of items in excess of the estimated quantities identified in the Statement of Work 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 subparagraph (b)(1) or (2) of this section.

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

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

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

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

(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.

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.

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

RFQP01091700019 Page 11 of 37 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.

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.

(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.

DJAR-PGD-07-12 Continuing Contract Performance During a Pandemic Inflenza or Other National Emergency (May 2008)

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

The Office of Personnel Management (OPM) has provided guidance to Federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services during a pandemic influenza or other emergency situation.

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

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

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

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

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

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

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• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period).

Security concerns should be considered in making equipment choices; personal computers and provide them with PCs or laptops as appropriate.

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

It is the contractor’s responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Bureau of Prisons (BOP) to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, the Contracting Officer’s Representative, via telephone or e-mail messages acknowledging the contractor’s notification. The incumbent contractor is responsible for assisting the BOP in estimating the adverse impacts of nonperformance and to work diligently with the BOP to develop a strategy for maintaining continuity of operations.

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

DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014)

(a) Department Policy on Domestic Violence, Sexual Assault, and Stalking. It is the Department’s policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at http://www.justice.gov/sites/default/files/ovw/legancy/2013/12/19/federal-workplace-responses -to-domesticviolence-sexualassault-stalking.pdf. Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor’s employees and employees of subcontractors who will be assigned to work on Department premises.

(b) Point of Contact for Victims of Domestic Violence, Sexual Assault, and Stalking. The Procurement Executive at 320 First Street, N.W. Room 5005, Washington, D.C. 20534 shall serve as the Bureau of Prisons’ Point of Contact for Victims of domestic violence, sexual assault, and stalking for the services provider under this contract. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contract.

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

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

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

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(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.

BOP 2852.201-71 Contracting Officer’s Representative (COR)(June 2012)

(a) Alexander Brenner, Chief of Rehabilitation and Orthopedics, FCI Texarkana, is hereby designated 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 provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

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

52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

High Risk - Background Investigation (5 year scope)

Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following…