Solicitation.pdf

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

Field Acquisition Office Grand Prairie, Texas 75051

October 22, 2014

Re: RFQP04121400016, Music Therapy Services Federal Medical Center – Rochester, Minnesota

Dear Quoter:

Accompanying this cover letter is a Request for Quotation (RFQ) prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Music Therapy services for the Federal Medical Center, located in Rochester, Minnesota. This package contains all the necessary information for submitting a quote for evaluation.

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

Inspection of the site will be available to all interested quoters. Prior approval is necessary for such a visit and will be coordinated through the institution Health Services Department.

All quotations must be received on or before the deadline of November 21, 2014 at 2:00 P.M. Central Standard Time. Quotations shall be submitted to the following address or email address:

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex ATTN: Mark Walker, Contract Specialist 346 Marine Forces Drive Grand Prairie, Texas 75051 mxxxwalker@bop.gov

Mailed and hand-carried quotes must be delivered to the Contracting Officer at the address shown above no later than the time specified as the deadline for receipt of quotes. The official point of receipt for hand-carried quotes will be at the first floor reception area of the address listed above. Emailed quotes will be accepted in .pdf format only and will be deemed received at the time received as indicated on the email notification. Emails rejected by filters are not the responsibility of the government. Please do not submit quotes to any location other than the one listed above. Quotes received after the quote deadline will be handled in accordance with FAR 52.212-1(f). No faxed quotes will be accepted.

Should you have any questions, please make these inquires in writing. Questions may be submitted via facsimile at

(972) 352-4545, or e-mailed to mxxxwalker@bop.gov.

Sincerely, //s//

Mark Walker, Contract Specialist Federal Bureau of Prisons Field Acquisition Office

RFQP04121400016 Page 1 of 34

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER OMB Clearance Control Number

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 RP 0003-15 1103-0018

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

DATE DATE

RFQP04121400016 10/22/2014

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

7. FOR SOLICITATION

calls) LOCAL TIME

INFORMATION CALL: 11 /2 1/2014

Mark Walker 972-352-4517 14:00:00CST

9. 1SSUED BY CODE BFAO 10. THIS ACQUISITION IS U UNRESTRICTED OR U SET ASIDE: ( 00 % FOR:

Federal Bureau of Prisons ~ WOMEN-OWNED SMALL BUSINESS ---

Field Acquisition Office

SMALL BUSINESS 0 (WOS B) ELIGIBLE UNDER THE WOMEN-OWNED

0 HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

U.S. Armed Forces Reserve Complex BUSINESS

0EDWOSB 621399 346 Marine Forces Drive p SERVICE-DISABLED Grand Prairie, TX 75051 VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS D 8 (A) $7,500,000.00

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING

TION UNLESS BLOCK IS 0 13a. THIS CONTRACT IS A

MARKED RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

0 SEE SCHEDULE ~RFQ OIFB 0RFP

15. DELIVER TO CODE BRCH 16. ADMINISTERED BY CODE IBRCH

Federal Bureau of Prisons Federal Bureau of Prisons Federal Medical Center Federal Medical Center 21 I 0 East Center Street 2110 East Center Street Rochester, Minnesota 55904 Rochester, Minnesota 55904 17a. CONTRACTOR/ CODE I I FACILITY 18a. PAYMENT WILL BE MADE BY CODE IBRCH

OFFEROR CODE

Federal Bureau of Prisons Federal Medical Center Financial Management 2 110 East Center Street Rochester, Minnesota 55904

TELEPHONE NO.

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

OFFER BELOW IS CHECKED

0 SEE ADDENDUM

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

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

To provide Music Therapy services to FMC Rochester.

RP 0003-15

See Continuation Sheet(s)

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

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

~ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 , 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ~ARE 0 ARE NOT ATTACHED

0 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-51S ATTACHED. ADDENDA 0 ARE 0 ARE NOT ATTACHED

0 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN --- 0 29. AWARD OF CONTRACT: REF. OFFER

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

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: All 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 REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA- FAR (48 CFR) 53.212

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

0 RECEIVED 0 INSPECTED 0 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 321. TELPHONE NUMBER OF AUTHORZED 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

0 PARTIAL OFINAL 0 COMPLETE 0 PARTIAL OFINAL

38. SiR ACCOUNT NO. ~. ~RVOUCHERNUMBER 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/00) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

RFQP04121400016 Page 3 of 34

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Ordering Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 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) 52.252-6 Authorized Deviations in Clauses (Apr 1984) 2852.209-5a Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(Nov 2013) 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) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004)

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) DOJ 2640.2F Department of Justice Order 2640.2F (Nov 2008) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (July 2014) 4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions 52.233-2 Service of Protest (Sept 2006) 52.252-5 Authorized Deviations in Provisions (Apr 1984) 2852.209-5b Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(Nov 2013) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Feb 2012) 52.27-103-71 Faith-Based and Community-Based Organizations (Aug 2005)

5.11 Common Law Employee Notification (Oct 2003)

52.212-3 Offeror Representations and Certifications – Commercial Items (May 2014)

RFQP04121400016 Page 4 of 34

Section 2 – Commodity or Service Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

To provide Music Therapy services for FMC Rochester, Minnesota.

Base Year - Effective Date of Award (EDOA) through September 30, 2015

To provide Music Therapy services for FMC Rochester, Minnesota.

Option Year #1 – October 1, 2015 through September 30, 2016

To provide Music Therapy services for FMC Rochester, Minnesota.

Option Year #2 - October 1, 2016 through September 30, 2017

To provide Music Therapy services for FMC Rochester, Minnesota.

Option Year #3 - October 1, 2017 through September 30, 2018

To provide Music Therapy services for FMC Rochester, Minnesota.

Option Year #4 - October 1, 2018 through September 30, 2019

SS

2.1 Pricing Methodology

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 Government reserves the right to award without discussion. Therefore, each initial offer should contain the offeror's best terms from a cost or price standpoint.

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

The contract rate for these services shall be on a per session basis. Session lengths are defined as one (1) hour. (Six hours per day, 30 hours a week, for 48 weeks in duration = 1440) 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 required 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 normal (FAR 16.503(a)(1)). The offerors are required to submit a completed copy of the Schedule of Supplies/Services, located in the table above, inclusive of the base year and all option years.

Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), the offeror may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

2.2 Statement of Work

INTRODUCTION

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make a single award to a responsible entity for the provision of Music Therapist for the Federal Medical Center located in Rochester, Minnesota. General information regarding the Bureau of Prisons (BOP) and its facilities is located at www.bop.gov. The Government reserves the right to award

RFQP04121400016 Page 5 of 34 without discussion and to make a single award. Therefore, each initial quote should contain the quoter's best terms from a cost or price standpoint. The base period of performance shall begin on the effective date of award through September 30, 2015, with the government’s unilateral right to exercise up to four, 12 month option periods.

PLACE OF PERFORMANCE

Services will be performed in the Medical Surgical and Mental Health Units at the Federal Medical Center, 2110 East Center Street, Rochester, Minnesota.

INSTITUTIONAL SCHEDULE

Services will be scheduled during the regular work week, Monday through Friday, during regular work hours 7:30 a.m. through 4:00 p.m., (with a 30 minute non-paid lunch break), excluding Federal holidays. The contract will require approximately 30 sessions per week, with a session defined as one (1) hour in duration. Hours may be adjusted to meet the needs of the institution. Estimated annual hourly sessions are approximately 1440 per 12-month period.

The Contracting Officer’s Representative (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 unpredictable nature of the correctional environment. Advance notice of schedule changes will be given whenever possible. Due to the nature of the correctional setting, delays in performance of work may be expected. Such delays may include, but are not limited to inclement weather, electrical or mechanical problems, or other security matters. In the event of any absence, the contractor will be paid for one (1) session. The COR will be responsible for defining each schedule. The schedule is subject to change based on the variable need of the institution(s) and the unpredictable nature of the correctional environment. Upon agreement, any changes to the schedules must be coordinated with the COR assigned under this contract.

SERVICES TO BE PROVIDED

Contractor will provide Music Therapy services for the inmate population at the FMC Rochester. All duties shall be performed in accordance with standards and methods generally accepted within the field of Music Therapy, and in compliance with all Federal and State policy regulations. The contractor shall adhere to all standards and regulations associated with the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and America Correctional Association Foundation/Core Standards for Adult Correctional Institutions. The contractor must also adhere to the Occupational Safety Health Administration (OSHA) and Bureau of Prisons (BOP) policies. The contractor must have the ability to work with an inmate population for a variety of cultural, regional, racial, and ethnic backgrounds.

The Contractor receives primary direction and is responsible to the Therapeutic Recreation Specialists and the Supervisor of Rehabilitative Services. Music therapy activities and education are provided by involving the use of different instruments, media, and processes. Music is taught to enhance cognitive learning, promote a greater appreciation of life, and/or encourage positive behavioral changes. As a member of the therapeutic team, the Contractor participates in the analysis of individual problems and in the projection of general treatment aims before planning and carrying out specific music activities. Periodic evaluations are made to determine the effectiveness of such modalities. Major duties of the Contractor are: (1) to develop and implement music therapy programs, plan daily lessons and experiences for each class while adhering to the policies, procedures, and practices of the Federal Medical Center;

(2) maintain accurate records of class attendance and activity participants, checking on those individuals who are absent; (3) evaluate and assess patient needs and report progress or regression, condition, considerations, and/or difficulties of each patient by documenting in the patient’s medical record on an as needed basis; (4) interact with other Activity Therapy staff through staff meetings, memos and oral consultation to provide continuity of care and insure effective treatment programs and educational needs;

(5) contact new patients with interests in music therapy and explain music therapy objectives; and, (6) to be aware of the Local Governing Body’s decisions and policies regarding the delivery of health care to inmate patients, ensuring compliance with all applicable American Correctional Association, Bureau of Prisons, and Joint Commission practices and standards.

In accordance with FAR 52.224-1 and 52.224-2, the Contractor will use, disseminate, and/or handle inmates’ records that contain confidential information. The Contractor will have access to the BOP correctional, medical, and psychology records of inmates for whom the Contractor is providing service, as necessary to provide said services. All inmate records will be handled in accordance with Bureau of Prisons Policy. Direct entries into the inmate’s medical record will be done in accordance with the Bureau of Prisons Program Statement 6090.01, Health Information Management, and FMC Rochester Patient Care Manual Section 600, Medical Records and Documentation.

RFQP04121400016 Page 6 of 34

SUPPLIES AND EQUIPMENT

All equipment and supplies that the contractor may routinely need will be provided by the Government. These supplies normally will include any materials needed to perform the services required. All records maintained by the contractor under this contract will remain the property of the institution.

ACADEMIC, EXPERIENCE AND/OR SPECIAL QUALIFICATIONS REQUIREMENTS

The Contractor will: (1) be board certified in Music Therapy; (2) possess a degree in Music Therapy from an institution of higher learning, preferably at the baccalaureate degree level or higher; (3) have one or more years of experience in practice as a Music Therapist; and, (4) have experience working with medical and mental health patients, preferably in a correctional environment. The Contractor will utilize their professional knowledge and technical expertise through the consistent application of concepts, methods, and principles involved in Music Therapy practice. They will have skills and abilities in a variety of musical techniques and disciplines, and teaching proficiency necessary to demonstrate and instruct inmates on proper methods, techniques, safety and care of musical equipment. The Contractor must have the ability to work with a high degree of independence. They must be able to understand treatment plans and possess the teaching skills necessary to design and implement individual education plans for the patients they serve. The Contractor must possess good oral and written communication skills to work effectively with inmates as well as medical, mental health, and correctional staff. The Contractor must maintain flexibility to accommodate changes in policies, procedures, and student needs.

INMATE MANAGEMENT

The Contractor must agree to adhere to all regulations prescribed by Federal Medical Center, Rochester for the safety, custody, and conduct of inmates. The custody of federal inmates remains a primary responsibility of the designated facility. The provision of services under this contract will require frequent and unsupervised contact with inmates. The contractor will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the contractor’s scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants. The contractor will report any infractions of rules an regulations by any inmate to the Supervisor of Education, the respective facility, or the COR.

INSTITUTION SECURITY

The contractor, as well as all employees of the contractor, agree to adhere to all regulations prescribed by the institutions in regards to the safety, custody, and conduct of inmates. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. Contract staff will sign the log, indicating the date of visit to the institution, time of arrival, and time of departure.

The Contractor or its’ employees may, at any time, be removed from the institution at the discretion of the CEO. Additionally, contract staff will each be required to wear an ID badge, provided by the Government, at all times within the confines of the institution. The Contractor will maintain and furnish time and attendance reports as required by the Health Services Administrator. At the time of arrival and before entry into the institution, contractors may be required to submit their possessions for passage through an x-ray screening machine and may be required to clear a walk through metal detector.

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

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

RESTRICTIONS ON CONTRACT WORKERS

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

RFQP04121400016 Page 7 of 34

METHOD OF PERFORMANCE

The Contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks outlined in this Statement of Work as long as the requirements are met in accordance with the policies described above.

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

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

CONTRACTOR HEALTH REQUIREMENTS

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

POINT OF CONTACT

If the contract is issued to a company rather than to 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. The Contractor shall designate this individual in writing to the Contracting Officer prior to the start date of the contract. An alternate POC may be designated, however, the Contractor must identify those times when the alternate shall be the primary POC.

RFQP04121400016 Page 8 of 34

Section 3 – Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Sept 2013)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

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

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

Clause Title 52.203-17 Contractor Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (Apr 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

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

52.212-4 Contract Terms and Conditions – Commercial Items (May 2014)

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

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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

52.232-18 Availability of Funds (Apr 1984)

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

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

52.242-13 Bankruptcy (Jul 1995)

52.253-1 Computer Generated Forms (Jan 1991)

Clauses by Full Text

52.216-18 Ordering (Oct 1995)

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

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause) http://www.acquisition.gov/far

RFQP04121400016 Page 9 of 34

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 Items within the current performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items within the current performance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

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

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

52.216-21 Requirements (Oct 1995)

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

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

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

52.217-8 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

RFQP04121400016 Page 10 of 34 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 expiration of the current contract period.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause shall not exceed 5 years.

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $1,000,000.00.

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

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

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph

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(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.

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)”after the date of the clause.

(b) The use in this solicitation or contract of any Justice Acquisition Regulation (48 CFR 28) clause with an authorized deviation is indicated by the addition of “(DEVIATION)”after the name of the regulation.

(End of clause)

2852.209-5a Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation) (Nov 2013)

(a) In accordance with sections 536 and 537 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014 (Title II, Division B, Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation –

(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction , unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that -

(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

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

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

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with

RFQP04121400016 Page 12 of 34 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.

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

(a) James Pierce, Health Services Administrator, FMC Rochester, 507-424-7540, is hereby designated as the Contracting Officer’s Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

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

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

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

1. Long-Term Contractor Personnel:

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

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

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

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

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

High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

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

and

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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 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 BI 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 1a. and 1b. 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 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 issuance. 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 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 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 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-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.

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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.

52.27-103-72 DOJ Contractor Residency Requirement (June 2004)

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

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

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

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

If the individual is not a U.S. citizen, they must be from a country allied with the U.S.