RFQP0501150005_-_Amended_1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

06/22/2015

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

BFAOCODE

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

Vikram Sighamony

(O) 972-352-4516

(F) 972-352-4545 vsighamony@bop.gov

6. ISSUED BY BBASCODE

Federal Bureau of Prisons FCI Bastrop 1341 Highway 95 North Bastrop, TX 78602

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

RFQP05011500005

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

06/05/2015

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Statement of Work is amended to include the following language:

Section B, 2.2 Statement of Work is amended as follows:

The sentence "All supplies and equipment shall be provided by the contractor" is removed and replaced with "The institution shall bear the costs of the contrast media. All other supplies and equipment shall be provided by the contractor."

Also, the sentence "The contractor will be responsible for the cost of all services, including, without limitation, the cost of professional interpretations of all services, regardless of the number of exams" is removed and replaced with the following "With the exception of the costs for the contrast media, the contractor will be responsible for the costs of all services, including, the cost of professional interpretations of all services, regardless of the number of exams."

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Vikram Sighamony

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

RFQP05011500005/0001 Page 1 of 34

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Schedule Continued

2.2 Statement of Work

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

52.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR

2011) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Mar 2015)

4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions 52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2015)

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

52.233-2 Service of Protest (Sept 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-5 Authorized Deviations in Provisions (Apr 1984) 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

RFQP05011500005/0001 Page 2 of 34

Section 2 - Commodity or Services Schedule

Provide Mobile Imaging Services to the Federal Correctional Institution Bastrop (FCI Bastrop)

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Mobile Imaging Services for the inmate population at FCI Bastrop.

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

Previous :

0.000000

Change: 0.000000

Current : 0.000000

0001A Magnetic Resonance Imaging (MRI) clinic Includes scans, interpretations, and reports Approximately 16 scans per session Amounts are estimated

Base Year - Effective Date of Award (EDOA) to 12 months from

EDOA

Previous:

6.000000

Change: 0.000000

Current : 6.000000

SS $____________ $___________________

0001B Computed Tomography (CT) clinic Includes scans, interpretations, and reports Approximately 18 scans per session Amounts are estimated

Base Year - Effective Date of Award (EDOA) to 12 months from

EDOA

Previous:

6.000000

Change: 0.000000

Current : 6.000000

SS $____________ $___________________

0001C Ultrasound (general, vascular, and echo) clinic Includes scans, interpretations, and reports Approximately 13 scans per session Amounts are estimated

Base Year - Effective Date of Award (EDOA) to 12 months from

EDOA

Previous:

12.000000

Change: 0.000000

Current :

12.000000

SS $____________ $___________________

0002 Mobile Imaging Services for the inmate population at FCI Bastrop.

Option Year 1 - 13 months from Effective Date of Award (EDOA) through 24 months from EDOA.

Previous:

0.000000

Change: 0.000000

Current : 0.000000

0002A Magnetic Resonance Imaging (MRI) clinic Includes scans, interpretations, and reports Approximately 16 scans per session Amounts are estimated

Option Year 1 - 13 months from Effective Date of Award (EDOA) through 24 months from EDOA.

Previous:

6.000000

Change: 0.000000

Current : 6.000000

SS $____________ $___________________

0002B Computed Tomography (CT) clinic Includes scans, interpretations, and reports Approximately 18 scans per session Amounts are estimated

Option Year 1 - 13 months from Effective Date of Award (EDOA) through 24 months from EDOA.

Previous:

6.000000

Change: 0.000000

SS $____________ $___________________

RFQP05011500005/0001 Page 3 of 34

Current : 6.000000

0002C Ultrasound (general, vascular, and echo) clinic Includes scans, interpretations, and reports Approximately 13 scans per session Amounts are estimated

Option Year 1 - 13 months from Effective Date of Award (EDOA) to 24 months from EDOA

Previous:

12.000000

Change: 0.000000

Current :

12.000000

SS $____________ $___________________

0003 Mobile Imaging Services for the inmate population at FCI Bastrop.

Option Year 2 - 25 months from Effective Date of Award (EDOA) through 36 months from EDOA.

Previous:

0.000000

Change: 0.000000

Current : 0.000000

0003A Magnetic Resonance Imaging (MRI) clinic Includes scans, interpretations, and reports Approximately 16 scans per session Amounts are estimated

Option Year 2 - 25 months from Effective Date of Award (EDOA) through 36 months from EDOA.

Previous:

6.000000

Change: 0.000000

Current : 6.000000

SS $____________ $___________________

0003B Computed Tomography (CT) clinic Includes scans, interpretations, and reports Approximately 18 scans per session Amounts are estimated

Option Year 2 - 25 months from Effective Date of Award (EDOA) through 36 months from EDOA.

Previous:

6.000000

Change: 0.000000

Current : 6.000000

SS $____________ $___________________

0003C Ultrasound (general, vascular, and echo) clinic Includes scans, interpretations, and reports Approximately 13 scans per session Amounts are estimated

Option Year 2 - 25 months from Effective Date of Award (EDOA) through 36 months from EDOA.

Previous:

12.000000

Change: 0.000000

Current :

12.000000

SS $____________ $___________________

0004 Mobile Imaging Services for the inmate population at FCI Bastrop.

Option Year 3 - 37 months from Effective Date of Award (EDOA) through 48 months from EDOA.

Previous:

0.000000

Change: 0.000000

Current : 0.000000

0004A Magnetic Resonance Imaging (MRI) clinic Includes scans, interpretations, and reports Approximately 16 scans per session Amounts are estimated

Option Year 3 - 37 months from Effective Date of Award (EDOA) through 48 months from EDOA.

Previous:

6.000000

Change: 0.000000

Current : 6.000000

SS $____________ $___________________

0004B Computed Tomography (CT) clinic Includes scans, interpretations, and reports Approximately 18 scans per session Amounts are estimated

Option Year 3 - 37 months from Effective Date of Award (EDOA) through 48 months from EDOA.

Previous:

6.000000

Change: 0.000000

SS $____________ $___________________

RFQP05011500005/0001 Page 4 of 34

Current : 6.000000

0004C Ultrasound (general, vascular, and echo) clinic Includes scans, interpretations, and reports Approximately 13 scans per session Amounts are estimated

Option Year 3 - 37 months from Effective Date of Award (EDOA) to 48 months from EDOA

Previous:

12.000000

Change: 0.000000

Current :

12.000000

SS $____________ $___________________

0005 Mobile Imaging Services for the inmate population at FCI Bastrop

Option Year 4 - 49 months from Effective Date of Award (EDOA) through 60 months from EDOA

Previous:

0.000000

Change: 0.000000

Current : 0.000000

0005A Magnetic Resonance Imaging (MRI) clinic Includes scans, interpretations, and reports Approximately 16 scans per session Amounts are estimated

Option Year 4 - 49 months from Effective Date of Award (EDOA) through 60 months from EDOA

Previous:

6.000000

Change: 0.000000

Current : 6.000000

SS $____________ $___________________

0005B Computed Tomography (CT) clinic Includes scans, interpretations, and reports Approximately 18 scans per session Amounts are estimated

Option Year 4 - 49 months from Effective Date of Award (EDOA) through 60 months from EDOA

Previous:

6.000000

Change: 0.000000

Current : 6.000000

SS $____________ $___________________

0005C Ultrasound (general, vascular, and echo) clinic Includes scans, interpretations, and reports Approximately 13 scans per session Amounts are estimated

Option Year 4 - 49 months from Effective Date of Award (EDOA) through 60 months from EDOA

Previous:

12.000000

Change: 0.000000

Current :

12.000000

SS $____________ $___________________

Total Quote for Base and all Option Years: $_______________

2.1 Schedule Continued

Contract Pricing

Services are required to be provided in accordance with the Statement of Work, Section 2.2 of this solicitation. Quoters are required to submit a completed copy of the following quote forms, located below, inclusive of the base year and all option periods. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203 (d), quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered. Quotes shall be evaluated for award solely on price after contractors have been determined to be responsible..

These estimates are not a representation, to a quoter or contractor, that the estimated quantity will be required, ordered, or that condi-tions affecting requirements will be stable or normal (FAR 16.503(a)(1))

NOTE: Award shall be made to the responsive/responsible offeror(s) submitting the lowest TOTAL QUOTED AMOUNT. Rate of re-muneration will be based on a each rate. This price will include all overhead, profit, administrative costs, etc., being charged by the Contractor. This service is covered by the Service Contract Act. The price must cover the minimum wage, health and welfare benefit

RFQP05011500005/0001 Page 5 of 34

($4.02 per hr), federal holidays & vacation that the individual providing the service is entitled to in accordance with the wage determ-ination attached.

2.2 Statement of Work

Introduction

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make an award of an indefinite deliv-ery/requirements type contract with firm fixed prices to a responsible entity for the provision of Mobile Imaging services. The Mo-bile Imaging will provide services for the inmates incarcerated at the Federal Correctional Institution (FCI), located in Bastrop, Texas.

General information regarding the Federal Bureau of Prisons (BOP), its facilities, and referenced Program Statements can be located at www.bop.gov. The Government reserves the right to award without discussion and to award as a single award. Therefore, each ini-tial quote should contain the quoter's best terms from a cost or price standpoint. The base period of performance shall begin on the ef-fective date of award through a 12 month period, with the government’s unilateral right to exercise up to four, 12 month option peri-ods.

Place of Performance

The service will be performed on-site through the Health Services Department at FCI Bastrop, 1341 Highway 95 North, Bastrop, TX 78602.

Schedule

The Contractor shall provide the various mobile imaging services (6 MRI clinics, 6 CT clinics, and 12 Ultrasound clinics) to FCI Bastrop. The schedule will be determined by FCI Bastrop. The number of inmates examined per session is subject to vary for each visit depending upon the need of FCI Bastrop. The session(s) will be scheduled between the hours of 7:30 am to 3:30 pm, Monday through Friday excluding federal holidays. Specific days/hours will be subject to mutual agreement between the Health Services Ad-ministrator (HSA) and the contractor. The contractor will be notified in advance of the requested date of service and the number of in-mates to be examined. The number of inmates will be determined by the Health Service Administrator and will vary. These sessions may be adjusted to meet the needs of the Health Services Department as determined by the Health Service Administrator.

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. When contract employee(s) report to the institution but are unable to perform services due to such delays, the contractor will be paid for one (1) procedure. Normally, any re-maining sessions for that day will be suspended and the contract employee(s) will be free to leave and the contractor will not be paid for remaining non-performed procedures. However, if the institution requests that the contract employee(s) remain at the institution for eventual performance, the contractor shall be paid for such sessions.

Supplies

All supplies and equipment shall be provided by the contractor.

Methods of Performance

All duties shall be performed in accordance with standards and methods generally accepted in the local community, and will be in compliance with all Federal and State policy and regulations. The contractor shall adhere to all standards and regulations associated with the Joint Commission (JCAHO) and American Correctional Association Foundation/Core Standards for Adult Correctional Insti-tutions.

The contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks out-lined in this Statement of Work as long as the requirements are performed in accordance with the policies referenced, standards and methods generally accepted within the contractor’s field of expertise.

The contractor must have the ability to work with an inmate population from a variety of cultural, regional, racial and ethnic back-grounds.

Description of Services

The contractor will be responsible for providing, without limitation, all the items listed below.

The contractor will provide and perform mobile radiology services to include Magnetic Resonance Imaging (MRI), Computed Tomo-graphy (CT), and Ultrasound (including general, echo, and vascular/doppler) procedures for the inmate population at FCI Bastrop.

RFQP05011500005/0001 Page 6 of 34

The contractor will provide, without limitation, readings, interpretation, make diagnosis, and provide clinical recommendations and modalities deemed essential and clinically necessary for all services listed in this Statement of Work.

The contractor will provide all interpretations, diagnosis, and clinical recommendations and modalities in a report to the institution Health Services department. The report shall be in typewritten or computerized format. Reports must be received within seven (7) days after performance of the aforementioned services.

The contractor will be responsible for equipment transportation, delivery and setup, tractors and drivers, complete maintenance/service coverage on all equipment, applications training and staffing insurance, site planning and consultation, and marketing support. The only expense borne by the FCI is the electrical expense. FCI Bastrop maintains a pad with the following specifications: Weathertight Angle Tupe with a spring hinged flap - 200 Amp, 480 Volts A.C. 3 poles, and 4 wires.

The contractor will be responsible for the cost of all services, including, without limitation, the cost of professional interpretations of all services, regardless of the number of exams.

Inmate records are the sole property of the Federal Bureau of Prisons and are confidential. No medical record shall be released by the contractor to any person without prior approval from the Health Services Administrator or designee and the FOIA/Privacy Act Branch of the Office of General Counsel in Central Office, Washington, DC. Contractor shall maintain confidentiality of all the information handled in accordance with the Privacy Act of 1974 and policies stated above.

Uniform Requirements

The mobile radiology employee(s) must wear appropriate and professional attire at all times (scrub uniforms are approved). The mo-bile radiology employee(s) are prohibited from wearing khaki or green clothing of any type as this is the color clothing the inmate population wear.

Employee Health Requirements

The contractor shall ensure that the contract employee(s) is free of infectious diseases. Any individual performing as a licensed staff member 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 be immediately removed from activities requiring performance of invasive procedures and activities which might reasonably be expected to place other workers, patients, or the public at risk. The contract employee(s) may be required to submit to testing or provide evidence acceptable to the Clinical Director of recent testing for tuberculosis or other commu-nicable diseases. Failure to submit to testing or provide acceptable evidence of recent testing for immunity to selected communicable diseases shall be grounds for denying performance of services. In any such case, the Contractor shall be responsible, at no additional cost to the institution, for securing the services of any replacement personnel required due to contract performance.

Academic, Experience, and/or Special Qualifications Required

The contractor shall be registered and licensed with appropriate Boards of Medicine (i.e., ultrasound and MRI technicians, etc.) to provide requested services in the State of Texas in accordance with the statement of work. Contractor must be accredited by the Joint Commission on Accreditation of Health Care Organizations (JCAHO). All M.D. must be board certified in their respective specialty.

FCI Bastrop must be provided with a credential file on any physician interpreting radiology studies. All reports need to be typed with appropriate letter head of the radiologist and for specialists reading the studies. There should be typed signature blocks. All special-ists reading studies (including radiologist and/or cardiologist) need to be board certified. In the event of a serious abnormal reading the contractor is required to notify the HSA immediately. Additionally, the personnel operating the equipment must have a license to practice in at least one state in the United States. The contractor shall produce all credentials prior to contract award. Failure to sub-mit evidentiary documentation of certifications, education requirements, or the name of a qualified candidate who will perform these services may result in elimination from consideration for award.

Contractor shall provide verification of credentials (education, current licensor/status competency, continuing medical education, and acceptable findings in national practitioners Data Bank Inquiry) and proof of malpractice insurance. This should be updated as items expire.

Restrictons on Contract Workers

The contract employee(s) shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisi-tion, sign for, or pick up supplies, formulate policy or procedures, or attend meetings, staff recalls or staff functions.

Nonpersonal Status

Award of this contract will result in a contractual arrangement only. The service is a contractual arrangement and not a personnel ap-pointment. Payment is based on an end product or the accomplishment of a specific result. The service does not constitute an em-ployer/employee relationship. The contract employee(s) will not be subject to Government supervision, except for security related

RFQP05011500005/0001 Page 7 of 34 matters. However, contract employee(s) performance shall be monitored. All duties outlined in this Statement of Work shall be per-formed in accordance with standards and methods generally accepted within the contract employee(s) own field of expertise. The Contracting Officer Representative will periodically evaluate the contract employee(s) performance. In this evaluation, if the perform-ance of services is deemed unacceptable, that provider will no longer perform those duties. In that event, the contractor will be re-sponsible for replacing the contract employee(s).

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 Prison’s Health Ser-vices Manual, FCI Bastrop institutional mandates and the Health Service policies in the management of all patient encounters.

Patients shall be accorded impartial access to treatment or accommodations that are available or medically indicated, regardless of race, creed, sex, national origin, or religion. Services provided under the sponsorship of the contractor shall be departments/services of the medical department. 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 inmate(s). If the situation arises, where inmate(s) are required to be provided information, the Contracting Officer Representative or Health Services Administrator shall provide any information the in-mate(s) are to receive. The contractor is required to maintain an open line of communication with the Health Services Administrator.

Inmate Management

The provision of services under this proposed contract will require frequent and unsupervised contact with inmates. The Contract em-ployee(s) will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the contract employee(s) scope of work shall abide by all rules, in effect, to ensure the safety and wellbeing of all participants.

The contract employee(s) shall be constantly aware of security and maintain a professional relationship with the inmates at all times.

Any violations of institution rules and regulations are to be brought immediately to the attention of the closest institutional staff mem-ber, the Health Services Administrator or the Contracting Officer Representative for prompt and proper action.

Institution Security

The contractor, as well as all employee(s) of the contractor, agrees 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-staff to sign in and out of the institution for se-curity reasons. Contract employee(s) will sign the log, indicating the date of visit to the institution, time of arrival, and time of depar-ture. The contract employee(s) may, at any time, be removed from the institution at the discretion of the CEO. Additionally, the con-tract employee(s) will each be required to wear an ID badge, provided by the Government, at all times within the confines of the insti-tution. 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, contract employee(s) 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 contract employee(s), must undergo a security clearance process prior to being permitted to enter the in-stitution. It is the responsibility of the contractor to make sure that those staff submit the required information and complete the neces-sary 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 staff to fulfill this contract that is reasonably certain to be able to successfully complete the security scru-tiny. This may involve a more intensive screening process on the part of the contractor.

Contract employee(s) 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 Contracting Officer Representative. 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.

Payment Terms

Contractor must provide a means for electronic payment to include bank routing and account number. Payment terms are as specified in FAR 52.212-4(g), the due date for making an invoice payment by the designated payment office shall be the 30th day after the des-ignated billing office has received a proper invoice, or the government accepts the services performed by the contractor. The contract-or can, however, offer discount payment terms for prompt payments as specified on the solicitation.

Section 3 - Contract Clauses

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

RFQP05011500005/0001 Page 8 of 34

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

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

52.204-7 System for Award Manangement (Jul 2013)

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

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)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013)

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

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

52.242-13 Bankruptcy (July 1995)

52.253-1 Computer Generated Forms (Jan 1991)

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

Clauses By Full Text

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

(a)Michael Schappaugh ,Health Services Administrator , FCI Bastrop,(512) 304-0280, 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

RFQP05011500005/0001 Page 9 of 34 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

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-

RFQP05011500005/0001 Page 10 of 34 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 when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

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

[End of Clause]

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (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 commit-ment, 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; or

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. The following website provides current inform-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

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

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a haz-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)

52.216-18 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

RFQP05011500005/0001 Page 11 of 34 individuals or activities designated in the Schedule. Such orders may be issued from start of the current fiscal year through the conclu-sion of the current fiscal year.

(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 $1,500, 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 total base year award;

(2) Any order for a combination of items in excess of total contract award; or

(3) A series of orders from the same ordering office within 2 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 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements (Oct 1995)

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

(End of clause)

RFQP05011500005/0001 Page 12 of 34

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 [insert the period of time with which the Contracting Officer may exercise the option].

(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 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written no-tice of its intent to extend at least days [60 days unless a different number of days is inserted] before the contract expires. The prelim-inary 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 (months)(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 the current fiscal year. 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 the current fiscal year, until funds are made available to the Contracting Officer for performance and until the Con-tractor 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.

(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…