Devens_-_Special_Conditions.pdf

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. Upon mutual agreement of both parties, a bilateral contract will be established in accordance with FAR 4.101. It is anticipated that a contract resulting from this solicitation will be awarded on or before June 1, 2016.

The resulting contract will include four 12-month option periods for renewal at the unilateral discretion of the Government. Pursuant to FAR 17 .203(b ), the Government's evaluation shall be inclusive of options. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43 .103(b) and 52.217-9, "Option to Extend the Term of the Contract" and 52.217-8, "Option to Extend Services. Pursuant to FAR 17 .203( d), offerors may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered. ·

Non-Personal Services Status: Award of this contract will result in a contractual arrangement only and shall not be construed as a personnel appointment with the Bureau of Prisons. The services shall not constitute an employer/employee relationship. Payments to the Contractor shall be based on the provision of an end product or the accomplishment ofa specific task. Results to be obtained are within the Contractor's own unsupervised determination. The Contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

The resulting contract shall be non-personal health care services, as defined in the Federal Acquisition Regulation

(FAR) 37.401, under which the Contractor is an independent Contractor. Award of this contract will result in an arrangement only and shall not be construed as a personnel appointment with the Bureau of Prisons. The services shall not constitute an employer/employee relationship. The Contractor will not be subject to Government supervision, except for security related matters; however, the contractor's performance will be monitored for quality assurance.

The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The Contractor shall indemnify the government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance. The Contractor shall maintain medical liability insurance in coverage acceptable to the Contracting Officer (CO), which is not less than the amount normally prevailing within the local community for the medical specialty concerned. The

Contractor is required to ensure that its subcontractors for provisions of health care services, contain the requirements of clause at 52.237-7 "Indemnification and Medical Liability Insurance", including the maintenance of medical liability insurance.

Payments to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the Contractor's own unsupervised determination.

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 services rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the Bureau of Prisons.

Payments will be denied when such service does not support the charges or ifthe service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or Contracting Officer's Representative (COR), whichever is appropriate.

Performance: The periods of performance of the resulting contract shall be as follows:

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

The Contractor shall commence performance of services under this contract by immediately providing paperwork for background clearance of their employee(s) and commence full performance of the services under this contract within 15 days once the background security clearance is completed. In accordance with FAR 46.503 and 46.403(a)(6), the place of acceptance for services under this contract is at the destination, the Federal Medical Center (FMC) Devens 42 Patton Road Ayer, MA 01432. The Contractor shall provide the contract services independent of Government supervision.

Contract Administration

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

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for the institution with an appropriate certificate of appointment or a delegation of authority for purchases. FAR 52,216-18, Ordering, Task orders issued orally, by facsimile, and/or electronically (email) are authorized.

Pursuant to FAR 42.202 and 42.302, upon award, the undersigned Contracting Officer hereby assigns as the Contract Administration Office (CAO) FMC Devens. This assignment carries with it the authority to perform all of the normal contract administration functions listed in FAR 42.302 (a), Item I through 70, to the extent that those functions apply to this contract. This assignment also includes delegation of authority to perform those negotiation functions as specified in FAR 42.302 (b ), items I through 11.

Contract Security/Investigative Requirements: The employees of the Contractor entering the institution shall meet certain security requirements to receive an institutional pass as required by Bureau of Prisons Program Statement 3000.03 dated December 19, 2007.

The program manager at the institution is responsible for conducting the appropriate vouchering, law enforcement checks, and ensuring that fingerprinting is completed on all contract staff that may need access inside the confines of the secure perimeter. The personnel department will establish a security file that will be maintained on each of the contractor's employees from the beginning of the contract through its duration. The following investigative procedures will be performed:

National Crime Information Center (NCIC) DOJ-99 (name check);

FD-258 (fingerprint check) Law Enforcement Agency checks Vouchering of Employers;

Resume/Personal Qualifications OPM- 329-A (Authority for Release of Information) Complete Contractor Pre employment form National Agency Check and Inquiries (NACI) check (if applicable) Urinalysis Test (for the detection of marijuana and other drug usage)

By submitting a quote, the Contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearances will be unable to perform services under the contract. The final determination and completion of the security investigation procedures will be made at the sole discretion of the institution. All persons are advised that a urinalysis test for the detection of marijuana and other drug usage shall be performed. Any person(s) testing positive shall be disqualified from performing under the resulting contract.

Any individual employed by the Contractor deemed not suitable by the Bureau of Prisons requirements will not be granted access to perform services under the contract. This is a condition of the contract. The Contractor must be in compliance with Department of Justice regulations at 8 CFR 274a regarding the employment of aliens. A copy of this directive is available upon the Contractor's request. In addition, each contract employee must attend an orientation program at the institution. The purpose of this program is to familiarize contract employee(s) with institution operations, the institution, and general rules of conduct and procedures inside the institution. The contract employee(s) shall adhere to all institution regulations regarding conduct and performance. The contract employee(s) will be allowed access to the institution at the sole discretion of the Chief Executive Officer (CEO). Any individual performing under this contract may be removed if it becomes apparent that his/her conduct does not reflect the conduct of that prescribed for those people performing under non-personal service contracts.

Schedule of Required Insurance: As required by FAR clauses 52.228-5 entitled "Insurance-Work on a Government Installation" the Contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:

Workers Compensation & Employers Liability: The required workers compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability of$100,000.

Comprehensive General Liability: $500,000 per accident on occurrence for bodily injury. This insurance shall include Contractor's protective and liability (FAR 28.307-2(b )).

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

The Contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs ofrequired insurance, and shall make copies available to the Contracting Officer upon request.

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) 3 7 .10 I, 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/$3,000,000.00.

(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 ofnot 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.

(t) The Contractor shall insert the substance of this clause, including this paragraph (t), 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.

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