Solicitation.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

Re:

Dear Quoter:

April 8, 2015

RFQP02161500015 MRI/MRA/CT Mobile Services Federal Bureau of Prisons Federal Correctional Institution, Elkton, Ohio

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of MRI/MRA/CT Mobile Services for the Federal Correctional Institution, Elkton, OH. This package contains all the necessary information for submitting a quote for evaluation.

When submitting quotes, quoters should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of quotes. Detailed information can be located in Section 5 of the solicitation.

As a potential quoter you are advised 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 to 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.

Sealed quotes shall be received on or before the deadline of Monday, May 25, 2015, at 2:00 p.m. Central Time. Quotes shall be submitted to the following address:

Federal Bureau of Prisons Field Acquisition Office Attention: Edna Perry-Carter, Contract Specialist U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, Texas 75051

Mailed and hand-carried quotes must be delivered to the Contract Specialist at the address shown above no later than the time specified as the deadline for receipt of quotes. Quoters wishing to hand-carry quotes must provide written notification to the Contracting Officer, at least 24 hours in advance of arrival, so that arrangements may be made with the base security personnel. The official point ofreceipt for hand-carried quotes will be the first floor reception area. PLEASE DO NOT SUBMIT QUOTES TO

ANY LOCATION OTHER THAN THE ONE LISTED ABOVE. E-mailed quotes will be accepted at eperry@bop.gov in pdf format only and will be deemed received at the time received as indicated on the e-mail notification . E-mails rejected by filters are not the responsibility of the Government. Quotes received after the deadline will be handled in accordance with FAR provision 52.212-1 (f). Faxed quotes will not be accepted.

Please place any questions you may have in writing and fax them to (972) 352-4545 to my attention ore mail them to eperry@bop.gov. We will consider all questions received and provide responses, where appropriate.

If you have any other questions, please feel free to contact me at (972) 352-4569.

Sincerely, Isl

Edna Perry-Carter, Contract Specialist Federal Bureau of Prisons

RFQP02161500015 Page 1 of 41

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

RFQP021615000 15 04/08/2015

7. FOR SOLICITATION INFORMATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE I LOCAL

CALL: TIME

Edna Perry-Carter eperry@bop.gov (0) 972-352-4569 (F) 972-352-4545 06/25/2015 17 :00:00

9. ISSUED BY CODE I BFAO 10. THE ACQUISITION IS D UNRESTRICTED OR ~ SET ASIDE: I 00.00 %FOR

Federal Bureau of Pri sons 0 SMALL BUSINESS D WOMEN-OVIA>lED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-0\'\A>lED

Field Acquisition Office D HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS: 621512

U.S. Armed Forces Reserve Complex BUSINESS D ED WO SB

346 Marine Forces Drive D SERVICE-DISABLED SIZE STANDARD: $ J 5,000,00 VETERAN-0\'\A>lED D Grand Prairie, TX 75051 SMALL BUSINESS 8(A)

11 . DELIVERY FQR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

13a. THIS CONTRACT IS A

D

RATED ORDER UNDER DPAS

D SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE

0 RFQ D IFB D RFP

15. DELIVER TO CODE BELK 16. ADMINISTERED BY CODE I BELK

Federal Bureau of Prisons

(0) 814-362-8900 Federal Bureau of Prisons

(0) 814-362-8900 FCI Elkton FCI Elkton 8730 Scroggs Road 8730 Scroggs Road Elkton. OH 44415 Elkton, OH 44415

17a. CONTRACTOR/ GODE i I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I BELK

OFFEROR CODE

Federal Bureau of Prisons FCI Elkton 8730 Scroggs Road Elkton, OH 44415

TELEPHONE NO.

0 17b. CHECK IF REMITIANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

OFFER CHECKED D SEE ADDENDUM

19. 20. 21 . 22. 23. 24. ·i ITEM NO. SCHEDULE OF SUPPLIES/ SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TO PROVIDE ON-SITE MOBILE MAGNETIC

RESONANCE IMAG ING (MRI), MAGNETIC

RESONANCE ANGIOGRAM (MRA), AND

COMPUTERIZED TOMOGRAPHY (CT) SERVICES -

FCI ELKTON IN ACCORDANCE WITH THE

STATEMENT OF WORK.

See Continuation Sheet(s) ( Vire Reversf' tllfdlor Attach Additional Shce1s as ;V,·ce~w·y)

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52 .212-1 , 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATIACHED. ADDENDA x ARE ARE NOT ATIACHED

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

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

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

D 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

AUTHORIZED FOR LOCAL REPRODUCTIO N

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31 b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

Edna Perry-Carter 04/08/2015

STANDARD FORM 1449 (REV. 02/201 2)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP02161500015 Page 2 of 41

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g . E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

O coMPLETE 0PARTIAL 0 FINAL

I PARTIAL I !FINAL

38. S/R ACCOUNT NUMBER 39 . S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMM/DD) I 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

Section

Table of Contents Description

Solicitation/Contract Form Commodity or Services Schedule

2.1 Continuation of SF 1449 Block 19, 20, 21 , 22, 23, and 24 Statement of Work Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 19.95) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) DJAR-AGD-04-10-006 Department of Justice Order 2640-2F (Nov 2008) 52.218-000 Continuing Contract Performance During a Pandemic

Influenza or Other National Emergency (May 2008) 2852.233-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.224-102(a) Security of Systems and Data, Including

Personally Identifiable Information (Mar 2008) BOP Clause Evaluation of Contractor Performance Utilizing CPARS (April 2011) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (Jun 2004) 52.224-102(b)lnformation Resellers or Data Brokers (Mar 2008) 52.212-5 Contract Terms and Conditions Required to Implement Statues or

Executive Orders--Commercial Items (Mar 2015) List of Attachments

Special Contract Conditions Solicitation Provisions ADDENDUM TO FAR 52.212-1, Instructions to Offerors - - Commercial Items (Jul 2013) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sep 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.27-103-71 Faith-Based and Community-Based Organization (Aug 2005) 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

5.2 Business Management Questionnaire

52.212-3 Offeror Representations and Certifications (Mar 2015)

Section 2 - Commodity or Services Schedule

ITEM NO.

0001A

0002A

0003A

0004A

0005A

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT

Provide MRl/MRA/CT Mobile On-Site Services to FCI Elkton 12.000000 SS One session each per month . Session= One Day in Length .

= Eight (8) Hours.

Day

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

MRl/MRA

CT Scans 12.000000 SS

Option Year 1, 13 month through 24 month from EDOA 12.000000 SS

MRl/MRA

CT Scans 12.000000 SS

Option Year 2, 25 month through 36 month from EDOA 12.000000 SS

MRl/MRA

CT Scans 12.000000 SS

Option Year 3, 37 month through 48 month from EDOA 12.000000 SS

MRl/MRA

CT Scans 12.000000 SS

Option Year 4, 49 month through 60 month from EDOA 12.000000 SS

MRl/MRA

CT Scans 12.000000 SS

RFQP02161500015 Page 4 of 41

UNIT PRICE AMOUNT

CONTINUATION OF SF1449. page 1 - Block 1: RP#0428-15, Block 10: Size Standard: 15.0 Million; Block 25: Funds will be obligated by individual task orders.

2. l CONTINUATION OF SF 1449 BLOCK 19, 20, 21, 22, 23, AND 24

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

Services are required to be provided in accordance with the Statement of Work. Quoters are required to submit, as a part of their quote, a completed copy - SCHEDULE OF SUPPLIES/SERVICES, inclusive of the base year and all option years.

PRICING METHODOLOGY: The quantity of services to be provided by the Contractor is estimated above in Section 2. These es timates are not a representation to a quoter or Contractor that the estimated quantities will be required or ordered, or that conditions af fecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for performing the services required by th is solicitation/contract. "Pursuant to FAR 17 .203(b ), the Government's evaluation shall be inclusive of options.

Pursuant to FAR 17.203(d), offerors may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

This solicitation has been set-aside for small business concerns.

You are encouraged to submit multiple quotes representing alternative terms and conditions for commercial items that satisfy the re quirements of this solicitation. Each quote submitted will be evaluated separately.

RFQP02161500015 Page 5 of 41

2.2 Statement of Work

MOBILE MRIIMRAICT SERVICES

SUBJECT:

Mobile MRl/MRA/CT trucks to provide non-personal on-site mobile Magnetic Resonance Imaging (MRI), Magnetic Resonance An giogram (MRA), and Computerized Tomography Services (CT) services. Services will be for the Health Services Department for the period from the effective date of award through 12 months, with the option of four additional years.

PLACE OF PERFORMANCE:

Services will be performed in the rear dock area at the Federal Correctional Institution (FCI), Elkton, Ohio. The employees will sign the consultant log, indicating the date of visits to the institution, the time of arrival and departure.

SCHEDULE:

The mobile MRI/MRA/CT will perform services on an as needed basis. Sessions will be scheduled between the hours of 6:00 A.M. - 4:00 P.M., Monday through Friday, excluding Federal Holidays. Each session is defined as one day in length. A day is defined as eight (8) hours. The total number of sessions will not exceed two (2) per month, one ( 1) session for MRI/MRA and one ( 1) session for CT. The Contracting Officer's Rep-resentative (COR) will be responsible for schedule times. (Exact times are negotiable) .

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to inclement weather, electrical or mechanical problems, or other security matters. Time spent processing in and out ofFCI should be considered when submitting your quote.

SUPPLIES:

The FCI will supply items routinely needed by the contractor. These include CDs, IV needles, syringes, puncture resistant needle boxes, pressure injector sets, contrast, barium sulfate, and PPE. If special equipment is required by the contractor, he or she must make a request in writing to the Health Service Administrator (HSA) of the FCI.

NOTE: All medical records remain the property of the FCI (in accordance with the Privacy Act of 1974 ).

SCOPE OF SERVICES:

The contractor will be responsible for the following:

1. Perform MRI of the brain, cervical, thoracic and l~mbar spine in multiple views as requested by health care providers of the in stitution.

2 . Perform MRI of various internal body organs as requested by the health care providers of the institution.

3. Perform MRI of different joints such as elbow, knee, hip, ankle, and etc._, as requested by the health care providers of the institu-tion.

4. Perform CT of the brain.

5. Perform CT of various internal body organs as requested by the healthcare providers of the institution.

6. Perform MRA of blood vessels in the body.

7 . Provide professional interpretations by an Ohio Licensed Radiologist. Reports must be typewritten or in computerized format and returned to the COR in a timely manner.

8 . The contractor will be responsible for the cost of professional interpretations of all exams regardless of the number of exams, up to nine (9) exams per session for MRJ only. There will be a charge for every exam after nine (9) per MRI only.

9 . The contractor will be responsible for the.cost of shipping CDs and/or reports back to the institution.

10. The institution will be responsible for the cost of contrast and all clinical equipment.

NOTE: The contractor will be responsible for the following: Equipment transpo1tation, delivery and set-up, tractors, trailers, drivers and complete maintenance/service coverage on all equipment, as well as training and staff insurance, site planning, consultation, mar keting, support etc. An electrical hookup will be provided by the FCI. The only expenses borne by the FCI are facility modifications and provisions of daily supplies.

METHOD OF PERFORMANCE:

Verbal and/or written consultations will be received from Bureau of Prisons' Health Services' Staff. The services are professional in nature and will be commensurate with the Joint Commission standards of care. The methods utilized will meet medical practices es-

RFQP02161500015 Page 6 of 41 tablished in the local community. These services, although not directly supervised, will be monitored by the HSA and/or COR.

INSTITUTION SECURITY:

The company agrees to adhere to all regulations prescribed by the institution for the safety, custody, and conduct of inmates. The con tracting staff will be required to attend an initial four hour orientation and annual two hour security training program provided by the institution prior to assuming institutional involvement. This orientation will be provided by the Health Services Department in con junction with Human Resources and include: Institutional Safety and Security; Contraband and Security; Personal Safety; Entrance Procedures; Freedom oflnformation and Privacy Act; Volunteer Professionalism; Position and Program Orientation; Sexually Abus ive Behavior Prevention and Intervention Program; Standards of Conduct; Workplace Violence; Volunteer Clearance Procedures; and Information Security. This orientation will be coordinated by the designated COR. Reimbursement for the time spent in institution security orientation or other periodic security-related training will be prorated at the contract session rate.

Escort/Institutional Badges: Contractor personnel shall be escorted by a FBOP staff member at all times. Institutional identification badges will be issued to every contractor upon entry and displayed at all times. They are to be collected upon exiting the institution.

CONTRACTOR RESTRICTIONS: The staff of the mobile imaging company cannot:

1. Supervise BOP staff.

2. Participate in inmate accountability.

3. Requisition, sign for or pick up supplies.

4. Formulate policies or procedures.

5. Attend recalls or staff functions.

6. Supervise inmate population.

7. Be a member of the Employees Club

INMATE MANAGEMENT:

The staff will have involved him/her in the Institution Familiarization Program as required by policy. He or she is to be constantly aware of security and maintain a professional relationship with the inmates at all times. Any violation of the institutional rules and regulations are to be brought to the attention of an appointed government employee in order for prompt and proper action. The con tract staff will not be subject to government supervision, except for security related matters. However, their performance will be closely monitored.

SPECIAL OUALIFICA TION REQUIREMENTS:

The contractor must be registered and licensed with the proper authorities to provide requested services in the Statement of Work in the State of Ohio. In addition, the personnel operating the equipment must be experienced and certified to perform requested studies and tests within the State of Ohio. Responsibilities will also include providing verification of credentials (education, current licensor/ status or competency, continuing medical education, peer references, and acceptable findings in National Practitioners Data Bank In quiry) and proof of malpractice insurance.

The contractor must also provide a copy of the following :

1. Resume 2 . License, diploma and/or certificates to support stated qualifications.

3. Three letters of reference 4 . Proof of Hepatitis B vaccination

5. Annual proof of tuberculin skin test or chest radiography 6 . Proof of Healthcare Provider CPR

7. Copy of their insurance certification

INVOICES I P A YMENT

Invoices must be submitted monthly by the company. A summarized listing of sessions performed during the respective month must be submitted to:

Accounting Supervisor Federal Correctional Institution P.O. Box 129 Lisbon, Ohio 44432

Payment will be made in accordance with the Prompt Pay Act which is Net 30 Terms upon acceptance of services or receipt of an in voice. No taxes will be withheld. A Form 1099 will be supplied to the contractor and IRS upon completion of each calendar year.

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Dec 2014) 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

Cl b R f auses >Y e erence

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) : http://www.acquisition .gov/far

Clause Title 52 .203-12 Lim itation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.204-9 Personal Identity Verification of Contract Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Jul 2013) 52 .223-5 Pollution Prevention and Riqht-to-Know Information (May 2011) 52 .224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.232-18 Availability of Funds (Apr 1984) 52 .232-39 Unenforceability of Unauthorized Obl igations (Jun 2013) 52 .232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52 .237-2 Protection of Government Buildinqs, Equipment, and Veqetation (Apr 1984) 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 contract period through the last day of the effective contract period .

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of confl ict 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 less than $150.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish , those supplies or services under the contract.

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

(1) Any order for a single item in excess of the estimated quantities within the current performance period as identified in Section 2;

(2) Any order for a combination of items in excess of the estimated quantities within the current performance period as identified in Section 2; 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 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

[End of clause]

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified , and effective for the period stated, in the Schedule. The quantities of supplies and 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 contract period.

[End of clause]

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor prior to the expiration of the · current performance period.

[End of Clause]

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 the 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, but excluding the exercise of any option under the clause 52.217-8, Option to Extend Services, which is incorporated into this contract in full text, shall not exceed 5 years.

[End of clause]

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/$3,000,000.00.

(b} An apparently successful offerer, 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.

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]

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 1.1 . 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 (Bl) 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 1-9, OMS 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 Bl commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum Bl requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LSI) or Minimum Background Investigation (MBI)

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

d. The pre-appointment Bl 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 ;34) 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 Bl that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements. If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e ., fingerprint check results) . e.

Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the Bl results so justify, badges issued under these procedures will be suspended or revoked . 2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1 a. and 1 b.

above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; c. Favorable credit report, if required ;5 and d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate Bl does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period.

Th is will ensure that any consecutive short-term appointments are subject to the full PIV-1 identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ

b. information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11 , 2004, and January 29, 2001 , Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short term contractors are required .

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge.

The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years) , favorably adjudicated Bl meeting HSPD-12 and DOJ's Bl requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201 -022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-1 identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-11) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

[End of Clause]

DJAR-AGD-04-10-006 Department of Justice Order 2640-2F (Nov 2008)

Department of Justice (DOJ) Order 2640F prohibits the use of non-U.S, citizens in the performance of this contract or commitment for any position that involves access to or assisting in the development, operation, management, or maintenance of any DOJ Information Technology System. By signing this contract or by beginning performance, the Contractor agrees to this restriction .

52.218-000 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (May 2008)

Continuing Contract Performance During a Pandemic Influenza or other National Emergency 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 a 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 help 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 .

• 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;

agencies or contractors may wish to avoid use of employees' 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.

• Make 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 Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification.

The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

[End of Clause]

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 Representative (COR) 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]

52.224-102 (a) SECURITY OF SYSTEMS AND DATA, INCLUDING PERSONALLY IDENTIFIABLE

INFORMATION (MAR 2008)

a. Systems Security:

The work to be performed under this contract requires the handling of data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.

For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice Systems, including by not limited to all Executive Branch system security requirements (e.g., requ irements imposed by OMB and NIST), DOJ IT Security Standards and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the contractor's systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements , and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews, and access by the DOJ Office of the Inspector General for its reviews . ·

The use of contractor-owned laptops or other media storage devices to process of store data covered by this clause is prohibited until the contractor provides a letter to the Contracting Officer (CO) certifying the following requirements:

1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product; 2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date; 3. Mobile computing devices will utilize anti-viral software and a host based firewall mechanism; 4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required . All DOJ information is sensitive information unless designated as non-sensitive by the Department; 5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DJB data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product; 6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to DOJ ; 7.

Contracting firms shall keep an accurate inventory of devices used on DOJ contracts; 8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable· information. 9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the Contractor's project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work.

b. Data Security:

By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control , compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic) , the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DOJ CO and the contracting officer's technical representative (COTR).

If the data breach occurs outside of regular business hours and/or neither the CO or the COTR can be reached , the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874- 2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours.

c. Personally Identifiable Information Notification Requirement:

The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been , breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security . The method and content of any notification by the contractor shall be coordinated with , and be subject to the approval, of the Department. The contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

d. Pass-through of Security Requirements to Subcontractors

The requirements set forth in Paragraphs a through c above, apply to all subcontractors who perform work in connection with this contract.