Solicitation.pdf

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

Field Acquisition Office Grand Prairie, Texas 75051

June 13, 2016

Re: RFQP06161600004, Mobile MRI Service Federal Correctional Complex – Victorville, California

Dear Quoter:

Accompanying this cover letter is a Request for Quotation (RFQ) prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Mobile MRI service for the Federal Correctional Complex, located in Victorville, California. This package contains all the necessary information for submitting a quote for evaluation.

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

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

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

All quotations must be received on or before the deadline of July 19, 2016 at 2:00 P.M. Central Standard Time. Quotations shall be submitted to the following address:

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

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

Should you have any questions, please make these inquires in writing. Questions may be submitted via facsimile at (972) 352-4545, or e-mailed to mxxxwalker@bop.gov.

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

RFQP06161600004 Page 1 of 41

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

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

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

DATE DATE

RFQ P06 l 6 l 600004 June 13, 2016

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

7. FOR SOLICITATION

calls) LOCAL TIME

INFORMATION CALL: 07/19/2016

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

9. ISSUED BY CODE BFAO 10. THIS ACQUISITION IS LJ UNRESTRICTED OR LJ SET ASIDE: 100 % FOR:

Federal Bureau of Prisons (8J SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS ---

D (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

Field Acquisition Office

D HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

U.S. Anned Forces Reserve Complex BUSINESS

0EDWOSB 621512 346 Marine Forces Drive D SERVICE-DISABLED Grand Prairie, TX 75051 VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS n8(A) $15 million

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS D 13a. THIS CONTRACT IS A

MARKED RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

D SEE SCHEDULE [gjRFQ 01FB 0RFP

15. DELIVER TO CODE BVIX 16. ADMINISTERED BY CODE IBVIX

Federal Bureau of Prisons Federal Bureau of Prisons Federal Correctional Complex Federal Correctional Complex Victorville, CA Victorville, CA

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

OFFEROR CODE

Federal Bureau of Prisons

Federal Correctional Complex

Financial Management

Victorville, CA

TELEPHONE NO.

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

D OFFER BELOW IS CHECKED

D SEE ADDENDUM

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

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

To provide Mobile MRI services to the inmate population at the

Federal Correctional Complex located in Victorville, California.

See Continuation Sheet(s)

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

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

[8J 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

[8J ARE DARE NOT ATTACHED

DARE DARE NOT ATTACHED

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: All Items

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

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA - FAR (48 CFR) 53.212

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

0RECEIVED D1NSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

D PARTIAL 0FINAL OcoMPLETE 0PARTIAL DFINAL

38. S/R ACCOUNT NO. 39. SIR VOUCHER NUMBER 40. PAID BY

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

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMMIDD) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

RFQP06161600004 Page 3 of 41

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Ordering Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.252-6 Authorized Deviations in Clauses (Apr 1984) DJAR-PGD-15-02 Corporate Representation Regarding Felony Conviction Under Any Federal

Law or Unpaid Delinquent Tax Liability – Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse – Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-03 Security of Department Information and Systems (Apr 2015) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) BOP 2852.201-71 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) BOP 52.242-71 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) 52.239-101 DOJ Residency Requirement – Information Technology (Nov 2008) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jan 2016) 4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions 52.209-7 Information Regarding Responsibility Matters (July 2013) 52.233-2 Service of Protest (Sept 2006) 52.252-5 Authorized Deviations in Provisions (Apr 1984) DJAR-PGD-15-02 Corporate Representation Regarding Felony Conviction Under Any Federal

Law or Unpaid Delinquent Tax Liability – Solicitation (DEVIATION 2015-02) (March 2015) . . . 29 DJAR-PGD-15-02 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse – Solicitation (DEVIATION 2015-02) (March 2015) 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 (Oct 2015) 52.27-103-71 Faith-Based and Community-Based Organizations (Aug 2005) 52.212-3 Offeror Representations and Certifications – Commercial Items (Nov 2015)

RFQP06161600004 Page 4 of 41

Section 2 – Commodity or Service Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001A

0002A

0003A

0004A

0005A

0006A

To provide Mobile MRI services for FCC Victorville, California.

Base Year - Effective Date of Award (EDOA) through September 30, 2017.

Interpretation of MRI. Base Year - Effective Date of Award (EDOA) through September 30, 2017.

To provide Mobile MRI services for FCC Victorville, California.

Option Year #1 – October 1, 2017 through September 30, 2018.

Interpretation of MRI. Option Year #1 – October 1, 2017 through September 30, 2018.

To provide Mobile MRI services for FCC Victorville, California.

Option Year #2 - October 1, 2018 through September 30, 2019.

Interpretation of MRI. Option Year #2 - October 1, 2018 through September 30, 2019.

To provide Mobile MRI services for FCC Victorville, California.

Option Year #3 - October 1, 2019 through September 30, 2020.

Interpretation of MRI. Option Year #3 - October 1, 2019 through September 30, 2020.

To provide Mobile MRI services for FCC Victorville, California.

Option Year #4 - October 1, 2020 through September 30, 2021.

Interpretation of MRI. Option Year #4 - October 1, 2020 through September 30, 2021.

To provide Mobile MRI services for FCC Victorville, California.

Option to Extend Services (FAR 52.217-8) - October 1, 2021 through March 31, 2022.

Interpretation of MRI. Option to Extend Services (FAR 52.217-8) - October 1, 2021 through March 31, 2022.

SS

EA

2.1 Pricing Methodology

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

PRICING METHODOLOGY

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

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

The contract rate for these services shall be on a per session basis. Session lengths are defined as one visit up to eight hours. The contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract (e.g., bonding, overhead, profit, supervision, travel, lodging, meals & incidentals).

The quantity of services to be provided by the Contractor is estimated above in Section 2. These estimates are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or normal (FAR 16.503(a)(1)). The offerors are required to submit a completed copy of the Schedule of Supplies/Services, RFQP06161600004 Page 5 of 41 located in the table above, inclusive of the base year and all option years. The offerors are required to submit a completed copy of the Schedule of Supplies/Services, located in the table above, inclusive of the base year and all option years.

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

2.2 Statement of Work

MOBILE MRI SERVICES

SUBJECT

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas intends to make an award of an indefinite delivery/requirements type contract with firm fixed prices to a responsible entity for the provision of professional non-personal services in the form of Mobile Magnetic Resonance Imaging (MRI) performed on-site at the Federal Correctional Complex, Victorville, California. 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 initial proposal should contain the offer's best terms from a cost or price standpoint. The base period of performance shall begin on the effective date of award through September 30 2017, with the government’s unilateral right to exercise up to four, 12 month option periods.

PLACE OF PERFORMANCE

The service will be performed on-site at the Federal Correctional Complex, 13777 Air Expressway Blvd, Victorville, California.

SCHEDULE

The Contractor shall furnish a Mobile Magnetic Resonance Imaging (MRI) Unit with Technical Support Personnel required to provide outpatient MRI studies for Federal Correctional Complex, Victorville, California (USP/FCI I/FCI II/SPC). The contractor is expected to perform MRI scans at the institution based on the needs of the institution, approximately one session every month. Each session will consist of at least 4, but not more than 15 scans, with an estimated 10 scans per session. A mutually agreed upon schedule will be determined following award of a contract. The Contracting Officer’s Representative (COR) will be responsible for defining the schedule. The schedule is subject to change based on the variable needs of the institution and the unpredictable nature of the correctional environment. Any changes to the schedule by the government will be made at least 24 hours prior to the scheduled time if possible. Upon agreement, any changes to the schedule must be coordinated with the COR assigned under the contract. The Contractor will be subject to schedule changes and must be flexible.

The MRI unit must be in place and fully operational and ready for exams by 7:00am on each day that exams are scheduled. The MRI unit must be removed immediately following the conclusion of the final exam. When contacted the unit must be removed within 30 minutes. If required, the MRI unit shall be moved at the discretion of the FCC Victorville.

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 employees report to the institution but are unable to perform services due to such delays, the Contractor may be asked to leave the institution. The contractor will be reimbursed for actual expenses incurred due to the unforeseen circumstances. Verification of expenses may be required for reimbursement.

SUPPLIES

Contractor care includes furnishing all equipment, maintenance, supplies of operation of equipment, all licenses necessary for the operation of the equipment, labor, transportation, reports, and technical assistance. All records maintained by the Contractor under this contract will remain the property of the institution.

DESCRIPTION OF RESPONSIBILITIES

All duties shall be performed in accordance with standards and methods generally utilized in the field of MRI services, and will be in compliance with all Federal and State policy and regulations. The resulting contract shall be a non-personal health care services contract, as defined in Federal Acquisition Regulations (FAR) 37.101, under which the Contractor is an independent Contractor. The

RFQP06161600004 Page 6 of 41

Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The Contractor shall indemnify the government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance.

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

All duties shall be performed will be in accordance with standards and methods generally considered consistent with community standards, and 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 Institutions.

The Contractor must have the ability to work with an inmate population from a variety of cultural, regional, racial and ethnic backgrounds.

Contractor’s personnel performing MRI technical services under this contract are expected to provide technical support to the Clinical Director. Studies shall be as comprehensive as FCC Victorville requests and Contractor supplied facilities, equipment, and support services permit. Contractor care shall cover the range of MRI services typically provided in a standalone facility of similar size.

Performance shall be according to the requirements contained in the Statement of Work (SOW).

The Contractor shall provide a self-contained 1.5 Tesla MRI unit or equivalent to perform various MRI exams, with the latest software available, fitted with head, extremity (knee and ankle), flex extremity (small, medium, and large), phased array spine, c-spine, shoulder, and abdomen quadrature coils, auto injector and optical disc storage for permanent archiving of patient information. The unit will be used to perform the MRI services required by FCC Victorville based on the needs of the institution, approximately one session every month. Each session will consist of at least 4, but not more than 15 scans, with an estimated 10 scans per session. The contractor will also maintain all files and records required for the Health Services Department to remain in compliance with BOP, OSHA, and The Joint Commission policy governing ambulatory care services and medical care for federal inmates. The contractor is expected to participate in the institution in-service training programs on a mutually agreeable basis.

The Contractor shall perform Magnetic Resonance Imaging procedures compatible with the Contractor’s and medical facility’s operating capacity and equipment.

Contractor's personnel shall be required to perform the following MRI services:

1. Perform routine studies as well as more complex cases as exactly specified by Health Services. In addition, they must follow the procedures per protocol to meet the needs of the patient.

2. Perform exams in a timely manner.

3. Archive and annotate studies.

4. Administer paramagnetic contrast as required/requested by Clinical Director.

5. If the MRI is unsatisfactory due to the Contractor’s poor performance, as determined by the Clinical Director, the MRI will be re-accomplished at no additional cost to the Government.

6. Interpret MRI images and provide interpretation results in writing via mode determined most effective by Health Services Department.

Any and all oral and injected contrast medium will be approved and supervised by a physician provided by the institution.

The contractor will prepare a log sheet detailing the number of patients, the name of the patients, procedures, and sequences completed. All documentation prepared by contract personnel shall meet the following criteria to include: timeliness, legibility, accuracy, content, and signature.

The Contractor shall provide the FCC Victorville Health Services Department digital copies of the MRI scans accomplished in the performance of this contract, on CD, no later than the end of the scan day. This means the same type of equipment would have to be used on a regular basis to prevent non-compatibility between the disk produced and the scanner available. The images will be made available to the Contractor if required for future examinations of the same patient(s).

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

RFQP06161600004 Page 7 of 41 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

All contract workers must wear appropriate and professional attire at all times. The contract workers are prohibited from wearing khaki or green clothing of any type as this is the color clothing the inmate population wear. Scrubs are acceptable as long as they do not match the color of the inmate clothing.

CONTRACTOR HEALTH REQUIREMENTS

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

ACADEMIC, EXPERIENCE, AND/OR SPECIAL QUALIFICATIONS REQUIRED

The Contractor shall ensure that all personnel performing services under the requirements of this contract, particularly in operation of the MRI unit, are qualified and adequately trained. The contractor must provide proof of formal training and certification for the State of California and provide a copy of each individual’s certification to the Contracting Office. The Contractor shall have at least six (6) months experience performing MRIs in a clinical setting. The contractor must possess good clerical skills, along with having the ability to read, understand, fluently speak, and legibly write English. The Contractor must provide, at minimum, one (1) intravenous injection (IV) certified technologist each scan day. Finally, the contract workers must be certified in Cardiopulmonary Resuscitation, in accordance with the American Red Cross or American Health Association. The licenses will be subject to verification. The Contractor will provide a copy of all diplomas and/or certificates to support stated qualifications with their proposal.

Radiologist providing interpretation services must provide a copy of current license and board certifications in Radiology, and specific evidence of training, education, or experience interpretation of MRI scans.

Each offer must specifically identify the individual that will be performing these services under any subsequent contract award. The proposal must provide proof that their candidate meets all qualifications. The candidate’s name and qualifications must be submitted at the time the proposal is submitted. All Contractors must submit with their proposal a resume, photocopies of documents evidencing education and training.

RESTRICTIONS ON CONTRACT WORKERS

The contract worker shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisition, sign for, or pick up supplies, formulate policy or procedures, or attend staff recalls or staff functions.

PATIENT MANAGEMENT

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 or dental 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 COR or Health Services Administrator shall provide any information the inmate(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 Contractor will not be responsible for the management of inmates except to ensure that those inmates involved in activities within the Contractor’s scope of work shall abide by all rules, in effect, to ensure the safety and wellbeing of all participants.

RFQP06161600004 Page 8 of 41

The Contractor 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 member, the Health Services Administrator or the COR for prompt and proper action.

INSTITUTION SECURITY

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

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

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

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

METHOD OF PERFORMANCE

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

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

In accordance with FAR 42.1502 & 42.1503: Agencies shall prepare an evaluation of Contractor Performance and submit to Federal Past Performance Information Retrieval System (PPIRS). The Department of Justice, Federal Bureau of Prisons utilizes the Department of Defense (DOD) web based Contractor Performance Assessment Reporting System (CPARs) to provide contractor performance evaluations. Contractor shall provide and maintain a current e-mail address throughout the life of the contract. The Contractor shall register with DOD within 30 days of receiving an e-mail from the Focal Point. The e-mail will contain a “USER ID” to complete the registration. 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 institutional Contracting Staff/Focal Point for assistance, guidance, and instructions.

POINT OF CONTACT

The Contractor shall provide a Point of Contact (POC) who shall be responsible for the delivery of services under this contract. The POC shall have the full authority to act on behalf of the Contractor in all matters relating to the daily operation of the contracted services. The Contractor shall designate this individual in writing to the Contracting Officer prior to the start date of the contract. An alternate POC may be designated, however, the Contractor must identify those times when the alternate shall be the primary POC.

RFQP06161600004 Page 9 of 41

Section 3 – Contract Clauses

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

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

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

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

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

52.212-4 Contract Terms and Conditions – Commercial Items (May 2015)

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

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

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

52.232-18 Availability of Funds (Apr 1984)

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

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

52.253-1 Computer Generated Forms (Jan 1991)

Clauses by Full Text

52.216-18 Ordering (Oct 1995)

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

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

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

(End of Clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one session, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--http://www.acquisition.gov/far

RFQP06161600004 Page 10 of 41

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

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

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

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

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

52.216-21 Requirements (Oct 1995)

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

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

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

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

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

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

52.217-8 Option to Extend Services (Nov 1999)

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

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

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

RFQP06161600004 Page 11 of 41

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

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

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute 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. 5341 or 5332.This Statement is for Information Only:

It is not a Wage Determination

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

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

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

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

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

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

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

Employee Class

Monetary Wage – Fringe Benefits

31364 Truck Driver, Tractor-Trailer $22.73 per hour plus benefits

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

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

(a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

52.252-6 Authorized Deviations in Clauses (Apr 1984)

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

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

(End of clause)

DJAR-PGD-15-02 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability – Award (DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation –

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

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

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

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

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

DJAR-PGD-15-02 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse – Award (DEVIATION 2015-02) (March 2015)

By accepting this award or order, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statement prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End Clause)

RFQP06161600004 Page 13 of 41

DJAR-PGD-15-03 Security of Department Information and Systems (Apr 2015)

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions

The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) Information.

E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information.

III. Confidentiality and Non-disclosure of DOJ Information

A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s Representative (“COR”) at the conclusion of the contract.