RFQP04111600005_Optometry.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RFQP04111600005

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/17/2016

7. FOR SOLICITATION INFORMATION

CALL:

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

TIME

04/18/2016 15:00:00

CODE BPEK

Federal Bureau of Prisons FCI Pekin

2600 S. 2ND STREET

Pekin, IL 61554

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 621320

SIZE STANDARD: $7.5

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

BPEKCODE15. DELIVER TO

Federal Bureau of Prisons FCI Pekin

2600 S. 2ND STREET

Pekin, IL 61554

CODE BPEK16. ADMINISTERED BY

Federal Bureau of Prisons FCI Pekin

2600 S. 2ND STREET

Pekin, IL 61554

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BPEKCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Pekin

2600 S. 2ND STREET

Pekin, IL 61554

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

To provide Optometry Services for the inmate population located at FCI Pekin, IL.

Size Standard D05 = $7.5 mil

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

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 ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: 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 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

Jeffrey Kercheval

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQP04111600005 Page 1 of 41

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: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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 (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

RFQP04111600005 Page 2 of 41

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Schedule of Items / Pricing

2.2 Statement of Work

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 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) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011)

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

Information Technology DOJ 2640.2F Department of Justice Order 2640.2F (Nov 2008) DJAR-PGD-1503 - Security of Department Information and Systems (Apr 2015)

52.27-103-72A DEPARTMENT OF JUSTICE RESIDENCY REQUIREMENT CERTIFICATION

FORM (JUNE 2004)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Nov 2015) 52.252-2 Clauses Incorporated by Reference (Feb 1998) BOP 2852.237-77 Contractors Classified as Common Law Employees (Nov 2014)

4 List of Attachments Contract Conditions Special Contract Conditions Tailoring Tailoring

5 Solicitation Provisions

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2015) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) BOP 2852.237-78 Submission/Evaluation of Quotations/Offers by Individuals (Nov 2014) FAO-0024 Business Management Questionnaire

RFQP04111600005 Page 3 of 41

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Optometry Services for FCI Pekin, Base Year. Effective Date of Award (EDOA) through 12 Months from EDOA (Estimated Maximum)

Base Period

192.000000 SS $____________ $___________________

0002 Optometry Services for FCI Pekin, Option Year One. 13 months from EDOA through 24 months from EDOA (Estimated Maximum)

Option Period

192.000000 SS $____________ $___________________

0003 Optometry Services for FCI Pekin, Option Year Two. 25 months from EDOA through 36 months from EDOA (Estimated Maximum)

Option Period

192.000000 SS $____________ $___________________

0004 Optometry Services for FCI Pekin, Option Year Three. 37 months from EDOA through 48 months from EDOA (Estimated Maximum)

Option Period

192.000000 SS $____________ $___________________

0005 Optometry Services for FCI Pekin, Option Year Four. 49 months from EDOA through 60 months from EDOA (Estimated Maximum)

Option Period

192.000000 SS $____________ $___________________

2.1 Schedule of Items / Pricing

Total amount for the Base Year and 4 Option Years $______________________________

PRICING METHODOLOGY

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

The contract rate for these services shall be on a per session basis. Session lengths are defined as one (1) hour of service. Sessions will typically be scheduled in 8 hour blocks, two days a month for a total of 192 sessions per year. The contract rate shall include all charges for providing these services. The contract pricing shall include all charges to the Government for performing the services re-quired by this solicitation/contract. (e.g., bonding, overhead, profit, supervision)

The quantity of services to be provided by the Contractor is estimated above. 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 nor-mal. 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 of-fer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

AWARD METHODOLOGY

The Government inteds to make a single-award to a quoter, pursuant to an affirmative determination of responsibility, whose quote, conforming to the solicitation, is determined to be most advantageous to the Government, considering lowest price. The basis for se-lection shall be price and acceptable past performance. The Government reserves the right to require the quoter to submit additional information necessary to support a pre-award determination of responsibility.

When award is made to an individual, the provision of these services has been determined to meet certain criteria for creating a com-

RFQP04111600005 Page 4 of 41 mon law relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65 percent) and the withholding of the in-dividual employee's taxes. These responsibilities apply only when award of the solicitation is made to an individual. It does not apply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65 percent will be added to the price sub-mitted by individuals who are not incorporated.

2.2 Statement of Work

SUBJECT

The Federal Correctional Institution located in Pekin, Illinois intends to make a single award to a qualified medical entity for the pro-vision of a non-personal services contract for Optometry Services as prescribed in the description of duties listed below. The Opto-metrist will provide services for the inmates incarcerated at the Federal Correctional Institution located in Pekin, Illinois.

PLACE OF PERFORMANCE

Services will be performed in the Health Services Department at the Federal Correctional Institution, 2600 S. Second St., Pekin, Illinois.

SCHEDULE

The schedule will consist of an estimated sixteen (16), one (1) hour session per month will be required for Optometry Services. A normal work day will typically consist of eight (8) sessions, twice a month, for an estimated total of 192 session per twelve month period. The contractor will see approximately thirty (30) inmate patients in a typical day. The contractor will normally work between 7:30 a.m. and 4:00 p.m. with a 30-minute unpaid lunch break, Monday through Friday, excluding Federal Holidays. The number of hours worked per week for the provision of Optometry Services shall will not exceed 40 hours in any given week.

A mutually agreed upon schedule will be determined following award of the contract. Upon agreement, any changes to the schedule must be coordinated with the Contracting Officer's Representative (COR) assigned under this contract. The COR will be responsible for defining each weekly schedule. The schedule is subject to change based on the variable needs of the institution and the unpredict-able nature of the correctional environment. The Contractor may be subject to schedule changes and must be flexible. The contractor will be available for emergencies as necessary.

Due to the nature of a correctional setting, delays in performance of work may be expected. Such delays may include, but are not lim-ited to inclement weather, electrical or mechanical problems, or other security matters. When contract employees report to the institu-tion but are unable to perform services due to such delays, the Contractor will be paid for one (1) session. Normally, any remaining sessions for that day will be suspended, the Contractor will be free to leave, and the Contractor will not be paid for the remaining in-complete sessions. However, if the institution requests that the contractor remain at the institution for eventual performance, the con-tractor shall be paid for such sessions. In the event of any absence, the Contractor will generally be expected to provide replacement coverage, unless prior arrangements have been made between the Contractor and the COR. If the Contractor fails to provide cover-age, the Government may seek contractual remedy.

POINT OF CONTACT

If a contract is issued to a company rather than an individual, then 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.

EDUCATION AND EXPERIENCE

The Optometrist must have the ability to work with an inmate population from a variety of cultural, regional, racial and ethnic back-grounds. The contractor must be a graduate of an accredited program, with a degree in Optometry. The contractor must possess a val-id and current license to practice optometry services in the State of Illinois. The Optometrist must possess a minimum of one (1) year of experience in Optometry. The Optometrist cannot have had a negative employment termination within 36 months prior to initiating the vouchering process. The Contractor shall ensure submitted prospective employee(s) meet the requirement of the vouchering pro-cess as described in the Civilian Personnel Manual 3000.02. The Optometrist must have the ability to work with a high degree of in-dependence. They must be able to understand treatment plans and possess the teaching skills necessary to design and implement indi-vidual education plans for the patients they serve. The Contractor must possess good oral and written communication skill to work ef-fectively with inmates as well as medical, mental health, and correctional staff. The Contractor must maintain flexibility to accomod-ate changes in policies, procedures, and patient needs.

The Optometrist's name, resume and photocopies of documentation evidencing eductation, training, and experience must be provided at the time the quote is submitted. The qualified individual selected to perform these services on behalf of the Contractor must be identified at the time the quotation is submitted. The Contractor will submit all necessary information required for the FCI to maintain a complete credential file.

RFQP04111600005 Page 5 of 41

HEALTH REQUIREMENTS

The contractor shall ensure that all contract Optometrists are free of communicable diseases. Any individuals performing as a Opto-metrist under this contract who subsequently develops a medical condition which might reasonably be expected to place other work-ers, patients, or the public at risk shall immediately be removed from activities requiring performance activities which might reason-ably be expected to place other workers, patients, or the public at risk. In any such case, the contractor shall be responsible, at no ad-ditional cost to the institution, for securing the services of any replacement personeel required to perform this contract.

The contract employee may be required to submit to testing for/or provide evidence acceptable to the clinical director of recent testing for tuberculosis or other communicable diseases. Failure to submit to testing for or providing acceptable evidence of recent testing for or immunity to selected communicable diseases shall be grounds for denying access to inmates. The contract employee shall immedi-ately inform, in writing to the Contracting Officer's Representative (COR) and Administrative Contracting Officer, and adverse action taken by any regulatory body involving certification. This includes, but is not limited to, suspensions, revocations, restrictions on li-censure as a Optometrist.

DESCRIPTION OF DUTIES

The contractor's services will include, but are not limited to, providing verification of credentials, proof of malpractice insurance and medical indemnification insurance in the amount specified in the contract, evaluating patients as referred by the medical staff. The contractor will also be required to provide legible written reports on all patients evaluated, to include but not limited to; Eye exams as required, Diagnosis of eye conditions, Removal of foreign objects from the eye, Physical findings, Tonometry exams, Recommenda-tions for treatment and follow-up care, Prescribing corrective lenses/frames as appropriate, Fitting of eye glasses an adjustment of frames, Individualized adjustment of exam equipment as needed, Utilize the Bureau of Prisons' Electronic Medical Record to docu-ment eye exam. The contractor must be able to complete an estimated 30 scheduled exams per eight session day. The contractor will be available for emergencies as necessary.

Services will be unsupervised, but will be provided in the method as considered appropriate in the local community and in accordance with Joint Commission standards and BOP policies. These services will be reviewed by a physician on staff at the Federal Correction-al Institution. The performance of these services will also be verified by the designated COR.

The Government reserves the right to inspect and evaluate all services provided during the performance of this contract. The Govern-ment may conduct surveillance of any task at any time during the performance of this contrat. All surveillance observations will be documented by the COR.

When an observation indicates defective performance, the Contracting Officer may issue a Discrepancy Report to the Contractor. The Contractor shall address any Discrepancy Reports in writing to the Contracting Officer within ten (10) calendar days of notification, indicating any corrective action taken to rectify the deficiency.

The contractor will not; Supervise inmates, Supervise BOP staff, Participate in inmate accountability, Requisition, sign for, or pick up supplies, Formulate policies and procedures, Attend recalls or staff functions, Be a member of the Employees Club.

NON-PERSONAL SERVICES/ COMMON LAW EMPLOYEE INFORMATION

This is a non-personal health care services contract, as defined in FAR 37.101, under which the Contractor is not an employee, but an independent contractor; the Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treat-ments); the Contractor is require to indemnify the Government for any liability producing act or omission by the Contractor, its em-ployees and agents occurring during contract performance; the Contractor is required to maintain medical liability insurance, in a cov-erage amount acceptable to the contracting officer, 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 subcontracts for provisions of health care services, contain the requirements of the clause at 52.237-7, including the maintenance of medical liability insurance. This contract does not constitute an employer/employee relationship. This is a contractual arrangement and not a personnel appointment to a Federal Civil Service position. This Payment shall be based on the provision of an end product, or the accomplishment of a specific task. The res-ults to be obtained will be entirely within the Contractor's own unsupervised determination, and the Contractor will not be subject to Government supervision.

If the resulting contract is made to an individual(s), the provision of these services has been determined to meet certain criteria for cre-ating common law employee relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65%) and the with-holding of the individual’s taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not apply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65% will be added to the price submitted by individuals who are not incorporated.

SPECIFIC REQUIREMENTS

RFQP04111600005 Page 6 of 41

In accordance with the Federal Acquisition Regulation (FAR) 37.401(d), and FAR clause 52.237-7, "Indemnification and Medical Li-ability Insurance", the Contractor shall maintain medical liability insurance, in the amount of $1,000,000.00 per occurrence. The Con-tractor is required to ensure that its subcontracts for provision of Health Care Services contain the requirements of the clause at 52.237-7, including the maintenance of Medical Liability Insurance. The non-personal services of a qualified Optometrist medical en-tity (i.e., health maintenance organization, preferred provider organization, etc.

PERIOD OF PERFORMANCE

The proposed contract resulting from this solicitation, will be for a base year, and includes the possibility of four (4) unilaterally exer-cised option years, for a possible five (5) year contract. The Government is not obligated to exercise any of the option years. The base year of performance will be from Effective Date of Award or May 1, 2016, whichever is later, through April 30, 2017.

ATTIRE

Contractors are required to wear appropriate professional attire at all times. Jeans(of any color), T-shirts, sandals(of any type), tank tops, and sweat pants/shirts are not considered appropriate professional attire.

PATIENT MANAGEMENT

The contractor will be responsible for receiving patients and explaining procedures to alleviate undue anxiety, submitting reports and evaluations as requested. The contractor will be responsible for following directives and comply with Bureau of Prisons Health Ser-vices 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 contractor 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 informa-tion the inmate(s) are to receive. The contractor is required to maintain an open line of communication with the Clinical Director, HSA, and COR.

INMATE MANAGEMENT

Provision of services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract’s scope of work abide by all rules to ensure their safety and well-being. The successful contractor shall attend the Institution Familiarization Orientation program prior to assum-ing institution involvement. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The contractor may, at any time, be removed from the institution at the discretion of the CEO. The contractor is to constantly be aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government em-ployee employed at the institution. The contractor will be required to provide documentation to the COR, or designee, of any infrac-tions of institutional rules and regulations by inmates for proper action.

INSTITUTION SECURITY

All contract personnel providing services withing the confines of FCI Pekin shall have a completed background investigation conduc-ted in accordance with BOP Program Statement 3000.03, Personnel Manual.

The contractor/contract employees shall agree to all regulations prescribed by the institution for the safety, custody, and conduct of in-mates. The Contractor will be required to undergo a thorough background investigation and complete a urinalysis test for the detec-tion of illegal substance use. The Contractor will attend an initial institution correctional orientation program (generally 4 hours) prior to assuming professional duties and refresher training annually thereafter. Reimbursement to the Contractor for time spent in the insti-tution orientation, training or other required activities will be allowed at the pro-rated session rate. The contract employee will be re-quired to operate a system of records as identified for medical treatment documentation, and will require adherence to the Privacy Act of 1974. The contract employee will be required to sign in and out of the institution for accountability purposes. A badge will be is-sued and worn at all times for proper identification.

ENGLISH LANGUAGE REQUIREMENT

All requirement personnel performing services under this contractual agreement shall have the ability to read, understand, fluently speak, and legibly write the English language.

PERFORMANCE

In accordance with the Justice Acquisition Regulation 2852.270-70, the Contractor's performance under this contract shall be mon-itored by the Contracting Officer's Representative (COR).

RFQP04111600005 Page 7 of 41

SUPPLIES

All necessary equipment and supplies needed to perform the services covered under this contract will be furnished by the Federal Government. If specific examination equipment is necessary for the Contractor to provide the required services, he/she shall forward the request to the HSA for consideration. The Contractor will be expected to account for all equipment and supplies placed under his/ her supervision. All records mantained by the Contractor under this contract will remain the property of FCI Pekin, Illinois.

MEDICAL RECORDS

It is understood that upon request, the Contractor will have access to the BOP medical records of inmates for whom the Contractor has provided service. In accordance with FAR 52.224-1 and 52.224-2, the Contractor will occasionally use, disseminate and/or handle in-mates records that contain confidential medical history. All medical records will be handled in accordance with the Bureau of Prisons Health Services Manual & Medical Record Policies. Information concerning the medical or criminal history of an inmate may only be released by the executive assistant of the FCI in accordance with the Privacy Act of 1974.

PAYMENT OF SERVICES

FCI Pekin will establish and maintain a record keeping log that will record the hours worked by the Contractor. The Contractor will be held responsible to sign the log. The Contractor will be required to record in the log, the date of service, time of arrival, and time of departure. This is required for proper payment of services.

Payment terms are specified in FAR 52.212-4(g). The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations specified in 5 CFR Part 1315. The Contractor can offer discount payment terms for prompt payments as specified in block 12 of the SF 1449 form of the solicitation. Half session will not be authorized for payment.

RFQP04111600005 Page 8 of 41

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (June 2010)

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

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-13 System for Award Management Maintenance (Jul 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.212-4 Contract Terms and Conditions--Commercial Items (June 2010)

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services -

Requirements (May 2014)

52.223-5 Pollution Prevention and Right-to-Know Information (Aug 2003)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

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

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-18 Availability Of Funds (Apr 1984)

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

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

RFQP04111600005 Page 9 of 41

Clause Title

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 session, 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 identified in the Schedule of Supplies/Services within the current performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Supplies/Services 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 para-graph (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 Regula-tion (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 limita-tions 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 Govern-ment 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 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 con-tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-der 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 Con-tractor 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 Con-tractor shall not be required to make any deliveries under this contract after the last day of the performance period.

(End of clause)

RFQP04111600005 Page 10 of 41

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 Of-ficer may exercise the option by written notice to the Contractor within 30 days of 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 within 30 days of 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 [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not com-mit 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 five (5) years.

(End of clause)

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, 2016. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for con-tract 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, 2016, until funds are made available to the Contracting Officer for performance and until the Contract-or receives notice of availability, to be confirmed in writing by the Contracting Officer.

(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 con-tractor. 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 spe-cific 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 con-tract 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 in-surability 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 ex-tended 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 en-dorsement 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 Contract-or 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 Contract-ing Officer evidence of such insurance.

(End of clause)

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

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 haz-

RFQP04111600005 Page 11 of 41 ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi-al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir-ing 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 pres-ence 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, dis-covers 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 consti-tute 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)

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

(a)Mark Robles ,Health Services Administrator , FCI Pekin, Illinois,309-346-8588x1550, is hereby designated as the Contracting Of-ficer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con-tractor 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 contrac-tual 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 con-tractor 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

RFQP04111600005 Page 12 of 41

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 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 Se-curity 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 BI results so justify, badges is-sued 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 1a. and 1b. above. The pre-appointment waiver re-quirements 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 commen-surate BI 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 is-suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I 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 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 ex-ample, 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 ac-cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract-or, 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 BI meeting HSPD-12 and DOJ's BI 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-I identity proofing process, including initiation and adjudication of the required background investiga-tion, 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-II) 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…