RFQ_Post_to_FBO_11-19-14.pdf

Field Acquisition Office

November 19,2014

Re: RFQP051514000 18, Mobile MRI Services Federal Bureau of Prisons

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Grand Prairie, Texas 75051

Federal Correctional Institution, Texarkana, TX

Dear Quoter:

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Mobile MRI Services to be provided for the general inmate population incarcerated at the Federal Correctional Institution located at Texarkana, TX. This package contains all the necessary information for submitting a quotation for evaluation.

Quoters should consider all information provided herein when submitting their quote. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of quotes. Detailed information can be located in Section 5 (Page 25) of the solicitation document.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-1, Instructions to Offerors Commercial Items which stipulates in part inclusion of a DUNS number with your offer (paragraphj) and registration in the Central Contractor Registration (now Systems for Award Management SAM) at www.sam.gov. Failure to comply with the instructions detailed in this provision may result in non-consideration of your quote.

Quotations shall be received on or before the deadline of2:00 P.M. Central, Friday, December 19,2014, Quotes shall be submitted electronically in PDF format by e-mail only to the following e-mail address: rwise@bop.gov

Note: Quoters to state "Quotation" and include RFQ number and vendor name in subject line of e-mail with attached quote.

Please submit quotes only in accordance with the instructions listed above. Quotes received after the deadline will be handled in accordance with FAR provision 52.212-1 (f). Faxed or mailed/express delivery quotes will not be accepted. Quoters are encouraged to only submit necessary documents in order to keep PDF file size to a minimum.

Please place any questions you may have regarding the solicitation in writing and e-mail to rwise@bop.gov stating "Question" and the RFQ number in the subject line. I will consider all questions received and provide responses, where appropriate.

If you have any other questions or concerns, please feel free to contact me at (972) 352-4542.

Sincerely, II s II

Rod Wise, Contract Specialist

RFQP05151400018 Page 1

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

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

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

DATE DATE

RFQP05151400018 11 / 19/2014

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

CALL: TIME

Roderic D. Wise . 972-352-4542 12/ 19/2014 14:00:00

9. 1SSUED BY CODE IBFAO 10. THE ACQUISITION IS D UNRESTRICTED OR lKI SET ASIDE: J 00.00 %FOR

Federal Bureau of Prisons 0 SMALL BUSINESS D WOMEN-QWNEO SMALL BUSINESS (WOSB)

Field Acquisition Office

ELIGIBLE UNDER THE WOMEN-OWNED

D HUBZONE SMALL SMALL BUSINESS PROGRAM

NAICS: 621512

U.S. Armed Forces Reserve Complex BUSINESS D EOWOSB

346 Marine Forces Drive D SERVICE·OISABLEO SIZE STANDARD: $15,000,00

VETERAN-OWNED D

Grand Prairie, TX 7505 1 SMALL BUSINESS 8(A)

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

UNLESS BLOCK IS MARKED

D 13a. THIS CONTRACT IS A

NET30 RATED ORDER UNDER DPAS

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

SCHEDULE ~RFQ D IFB D RFP

15. DELIVER TO CODE BTEX 16. ADMINISTERED BY CODE BTEX

Federal Bureau of Prisons Federal Bureau of Prisons FCI Texarkana FCI Texarkana

4001 LEOPARD DRIVE (75501) 400 1 LEOPARD DRIVE (75501)

TEXARKANA, TX 75505-9500 TEXARKANA, TX 75505-9500

17a. CONTRACTOR/ CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE BTEX

OFFEROR CODE

Federal Bureau of Prisons FCI Texarkana

4001 LEOPARD DRIVE (75501)

TEXARKANA, TX 75505-9500

TELEPHONE NO.

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

OFFER

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

HECKED SEE ADDENDUM

I 19. 20. -" 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUf'PLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

RFQP05 1514000 18 for Mobile MRI Services to be performed for inmate population at FCI Texarkana, TX

See Continuation Sheet(s) ( Use Rewrse and/or Auoch Additional Shuts as Neassory)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. 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 B ARE ~ ARE NOT ATTACHED

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

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

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

D 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

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

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRIN1)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRIN1) 31c. DATE SIGNED

Roderic Wise

STANDARD FORM 1449 (REV. 0212012)

Prescribed by GSA- FAR (48 CFR) 53.212

I

RFQP05151400018 Page2

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

OcoMPLETE 0PARTIAL DFINAL

I PARTIAL I I FINAL

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

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

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MMIDD) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

Section

I

RFQP05151400018 Page 3 of 35

Table of Contents

Description Page Number

Solicitation/Contract Fonn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Commodity or Services Schedule

2.1 Schedule lnfonnation

2.2 Statement of Work

Contract Clauses 52 .2 16-18 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 Tenn ofthe Contract (Mar 2000) 52.222-42 Statement of Rates for Equivalent Hires 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(Nov 2013) 52.252-6 Authorized Deviations in Clauses (Apr 1984) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 0 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996).. . . . . . . . . II 52.21-12-003 Contracting Officer's Representative (June 2012) . .. ........................... II 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) 52.27-103-72 DOJ Contractor Residency Requirement Bureau ofPrisons (June 2004) DOJ 2640.2F Department of Justice Order 2640.2F (NOV 2009)

52.242.1502 Evaluation of Contractor Perfonnance Utilizing CPARS (Apr 20 II) 52.212-5 Contract Tenns and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Oct 2014)

List of Attachments

4.1 Special Contract Conditions

Solicitation Provisions 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.252-5 Authorized Deviations in Provisions (Apr 1984) 52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-0 I )(Nov 20 13)

52.27 -I 03-71 Faith-Based and Community-Based Organizations (Aug 2005) 5 .I Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Feb 20 12) 52.212-3 Offeror Representations and Certifications - Commercial Items (Oct 2014)

Section 2 -Commodity or Services Schedule

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT

Base Year- Mobile MRI Services, FCI Texarkana for period of 10.000000 ss Effective Date of Award (EDOA) throug'hh 12 months from EDOA.

(Session equal1 visit, approximately rs . in duration/10-15 inmate patients)

Of.tion Year One- Mobile MRI Services, FCI Texarkana for Eeriod 10.000000 ss o 13 months from EDOA through 24 months from EDOA. ( ession equal1 visit, approximately 8hrs. in duration/10-15 inmate patients)

Of:tion Year Two- Mobile MRI Services, FCI Texarkana for Eeriod 10.000000 ss o 25 months from EDOA through 36 months from EDOA. ( ession equal1 visit, approximately 8hrs. in duration/10-15 inmate patients) orion Year Three- Mobile MRI Services, FCI Texarkana for period 10.000000 ss o 37 months from EDOA through 48 months from EDOA. (Session equal1 visit, approximately 8hrs. in duration/10-15 inmate patients)

Of,tion Year Four- Mobile MRI Services, FCI Texarkana for J:eriod 10.000000 ss o 49 months from EDOA through 60 months from EDOA. ( ession equal1 visit, approximately 8hrs. in duration/10-15 inmate patients)

Aggregate Total , Base and All Option Periods Combined

RFQP05151400018 Page 4 , UNIT PRICE AMOUNT

RFQP05151400018 Page 5 of 35

2.1 Schedule Information

Please complete the above information when preparing your quote for the base year and option years for the services listed above. Any resulting contract will be an indefinite delivery/requirements contract with firm-fixed prices. As such, the quantities listed are estimates only and are not a representation to an offeror or contractor that the estimated quantities will be required or ordered or that conditions affecting the requirements will remain stable or normal (FAR 16.503(a)(l)). A session (ss) is defmed as approximately one

(l) eight (8) hour visit. Quotes will be evaluated based on price, per section 5.1 ofthe solicitation.

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

2.2 Statement of Work

STATEMENT OF WORK- Mobile Magnetic Resonance Imaging (MRD Services

The Federal Bureau of Prisons Field Acquisition Office located at Grand Prairie, TX, intends to make a single award to a responsible entity for the provision of Comprehensive MRI Services to be provided for the inmate population incarcerated at the Federal

Correctional Institution (FCI) located at Texarkana, TX to be provided per the terms/conditions and as set forth in this Request for

Quote (RFQ) which includes this statement of work.

Place of Performance:

Federal Correctional Institution

4001 Leopard Dr.

Texarkana Texas 75501

Schedule:

The contractor will normally conduct services at a minimum of two (2) times per quarter. The services/sessions length will be a maximum of eight (8) hours per visit. The sessions will normally be scheduled between the hours of7:30 a.m. and 3:30p.m., Sunday through Saturday, excluding Federal holidays. This service is currently on Saturday's only. However specific days/hours will be subject to mutual agreement between the Health Services Administrator and the contractor. The Contractor will be notified in advance of the requested dates of service, types of service, and the number of inmates of inmates to be examined. The number of inmates will be determined by the Health Services staff and will vary from session to session. Based upon previously required services, procedures will be provided to approximately 10-15 inmate patients during each session/visit. These services/sessions may be adjusted to meet the needs of the Health Services Department as determined by the Health Services Administrator (HSA).

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

SUPPLIES:

All expendable supplies and/or contrast media will be supplied by the contractor unless otherwise agreed upon in advance with the FCI. A suitable pad and electrical power supply for the mobile unit will be supplied by the FCI. All supplies intended for use inside the secure perimeter by the contractor will be listed on an inventory sheet and approved by the FCI in advance. If the contractor requires special equipment, the request must be submitting in writing to the HSA. Note: All medical records remain the property of the FCI (in accordance with the Privacy Act of 1974).

SCOPE OF SERVICE:

The contractor shall be responsible for:

1. Evaluation of patients as referred by Health Services staff.

2. Performing MRI of brain.

3. Performing MRI of various internal body organs as requested by the health care providers at the FCI.

RFQP05151400018 Page 6 of 35

4. Perfonning MR1 of different jobs, such as elbow, knee, hip, ankle, etc.

5. Perfonning MR1 of cervical, thoracic, and lumbar spine in multiple views as requested by the health care providers at the

FCI.

6. Providing professional interpretations and written reports.

7. Reports must be in typewritten or computerized fonnat. Reports must be received within 72 hours of service.

8. Multiple views of one organ or joint is considered one exam.

9. The contractor will be responsible for the cost of professional interpretations ofMRI's. Nonnally, there will be up to ten exams per session for MRI only. However, additional MRI's may be conducted per session.

I 0. MRI examinations apply to both with contrast and without contrast (dye media).

11 . The contractor will be responsible for equipment transportation, delivery and set up, tractors and driver, complete maintenance/service coverage of all equipment, applications training and staffing insurance, site planning and consultation, marketing support, etc. The only expense borne by the FCI is the experience of the electricaUtelephone modifications and any supply agreed upon in advance.

Responsibilities will also include providing verification of credentials (education, current licensor/status of competency, continuing medical education, peer references, and acceptable findings in National Practititioners Data Bank Inquiry) and proof of malpractice insurance. The contractor is responsible for ensuring all their employees have been offered the Hepatitis B vaccine.

Method of Performance:

Verbal and /or written referrals will be received from Bureau of Prisons Health Services staff. The Services are professional in nature and will be commensurate with the Joint Commission standards of care. The methods utilized will meet medical practices established in the local community. These services, although not directly supervised, will be monitored by the Health Services Administrator/COR.

Institution Security:

The contractor agrees to adhere to all regulations prescribed by the institution policy for safety, custody, and conduct of inmates. The contractor shall attend an orientation program prior to assuming institution involvement. Failure to comply with secure rules, regulations, or procedures of the FCI may result in cancellation of this contract. All contract personnel providing services will complete a background investigation in accordance with BOP Program Statement 3000.03 Human Resources Management Manual.

Additionally, requirements will be met as outlined in the solicitation/contract entitled "Contract Security/Investigation Requirements."

Special Qualifications Requirements:

The contract staff must be registered and/or licensed with appropriate Boards of Medicine (i .e, ultrasound and MRI technicians, etc.)

as required by the Federal Bureau of Prisons to provide requested services in the statement of work. If required, they must be accredited by the Joint Commission. All MD's must be board certified in their respective specialty. Credentials must be provided for any physicians interpreting radiology studies. All reports need to be typed with appropriate letterhead of the radiologist and specialists reading the studies. There should be typed signature blocks. All specialists reading studies (including radiologist and/or cardiologist) must be board certified. Phone notifications are required from the radiologist and/or cardiologist for any serious abnonnal reading. In addition, the personnel operating the equipment on the MRI units must be licensed.

The contractor must provide a copy of their insurance certifications, in accordance with FAR 52.237-7 prior to providing contract services. All contractors must submit with their quote: a resume, photocopies of documents evidencing education, training, licensing and certifications for those staff that are anticipated to provide the services.

Point of Contact:

The contractor shall provide a Point of Contact (POC) who shall be responsible for delivery of services under this contract. The contractor shall designate this individual in writing to the contracting officer prior to the start date of the contract.

Inmate Management:

Provision of services will require frequent and unsupervised contact with inmates. The contract employees shall not be responsible for the management of inmates, other than to ensure inmates involved with the contract's scope of work abide by all rules to ensures their safety and wellbeing. The contractor is to be aware of security and maintain a professional relationship with inmates at all times. Any violation of institution rules and regulations are to be brought immediately to the attention of any Government employee at the FCI.

RFQP05151400018 Page 7 of 35

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.

Cl 8 R f a uses IY e erence ,, 52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

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

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

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52 .242-13 Bankruptcy (Jul1995)

52 .237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52 .232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52 .232-18 Availability of Funds (Apr 1984)

52 .228-5 Insurance- Work on a Government Installation (Jan 1997)

52 .224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52 .223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52 .212-4 Contract Terms and Conditions- Commercial Items (May 2014)

52 .204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52 .204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52 .203-17 Contractor Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (Sept 2013)

Clauses by Full Text

52.2 16-18 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 ofthis 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)

RFQP05151400018 Page 8 of 35

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--

(!) 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) Ifthis is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 ofthe 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.

(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 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.

RFQP05151400018 Page 9 of 35

52.217-8 Option to Extend Services (Nov 1999)

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

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor prior to 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.

(End of Clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U .S.C. S341 or 5332.

This Statement is for Information

(End of clause)

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

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

(End of Clause)

52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liabilitv (Deviation 2014-01) (November 2013)

(a) In accordance with sections 536 and 537 ofthe 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-

RFQP05151400018 Page 10 of 35

(I) convicted of a felony criminal violation under any Federal Jaw 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-

(I) 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.

(End of Clause)

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 I) clause with an authorized deviation is indicated by the addition of"(DEVIA TION)" after the date of the clause.

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

(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) EJ.Q.J. , 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-

RFQP05151400018 Page 11 of 35 made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

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

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

(End of clause)

52.21-12-003 Contracting Officer's Representative (June 20 12)

(a) Torrey V. Haskins, Assistant Health Services Administrator, FCI Texarkana, TX is hereby designated as 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.

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June I 996)

(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 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 ofthat condition and, if necessary, the contract will be amended. Failure toagree 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.

RFQP05151400018 Page 12 of 35

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 (PIPS 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 1-9, 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 fmgerprint 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 ofOPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau oflnvestigation Criminal History Check (i.e., fmgerprint 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 1 a. and 1 b. above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results ;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate 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-1 identity proofmg 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.

RFQP05151400018 Page 13 of 35

a. For purposes of this policy, "intermittent" is defmed 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:

I. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips20 1/FIPS-20 l-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 proofmg 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 ofHSPD-12 implementation (PIV-11) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above Ievell, a favorable review of a credit check is required as part ofthe 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 (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. The following website provides current information regarding allied countries: http://www.opm.gov/employ/htmllcitizens.htm.

By signing this agreement/ commitment document, or by commencing performance, the contractor agrees to this restriction.

(End of Clause)

DOJ 2640.2F Department of Justice Order 2640.2F (Nov 2009)

Department of Justice (DOJ) Order 2640.2F prohibits the use of non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or assisting in the development, operation, management, or maintenance of any DOJ Information Technology System. By signing this contract or beginning performance, the contractor agrees to this restriction.

RFQP05151400018 Page 14 of 35

52 .242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 20 II)

The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contractor monitoring reports will be prepared by the Contracting Officer's Technical Representative (COTR) or Contract Monitor (CM) and maintained in the file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive and e-mail from the Focal Point thru the following website address webptsmh@navy.mi l when the contractor is registered in CPARS. The e-mail will contain a "user ID': and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response . If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Oct 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(I) 52 .222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 71 04(g)).

(2)52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and I 08-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S .C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 20 I 0) ( 41 U .S.C. 3 509)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment ~ct of2009 (June 201 0) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 20 13) (Pub. L. 1 09-282) (31 U.S.C.

6101 note).

(5) [Reserved] .

- (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 ofDiv. C).

= (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section

743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment. (Aug 2013) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 20 13) ( 41 U.S.C. 2313).

- (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C ofpub. L.

- 112-74, section 740 of Division C ofPub. L. 111-117, section 743 ofDivision D ofPub. L. 111-8, and section 745 of Division D ofPub. L. 110-161).

_ (11 )(i) 52.219-3, Notice ofHUBZone Set-Aside or Sole-Source Award (Nov 20 11) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of52.2 19-3 . =-( 12)(i) 52 .219-4, Notice of Price Evaluation Preference for HUB Zone Small Business Concerns (OCT 20 14) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

_ (ii) Alternate I (JAN 20 II) of 52.219-4.

( 13) [Reserved]

XX (14)(i) 52.219-6, Notice ofTotal Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

= (iii) Alternate II (Nov 20 II).

_ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S .C. 644).

_ (ii) Alternate I (Oct 1995) of52.219-7.

_(iii) Alternate II (Mar 2004) of52.219-7.

RFQP05151400018

XX (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_ (17)(i) 52 .2 19-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

_ (ii) Alternate I (Oct 2001) of52.219-9.

_(iii) Alternate II (Oct 2001) of 52.219-9.

_ (iv) Alternate III (Oct 20 14) of 52.2 19-9.

_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

XX (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C.