solicitation.pdf

U.S. Department of Justice Federal Bureau ofPrisons Field Acquisition Office

U.S. Armed Forces Reserve Complex Grand Prairie, Texas 75051

August 6, 2013

Re: RFQP061713000 14, Dental Hygienist Services Federal Correctional Complex, Lompoc, 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 Dental Hygienist Services for the Federal Correctional Complex located in Lompoc, California. This package contains all the necessary information for submitting a quote for evaluation.

When submitting your quote, the quoter should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning content, format, and submission of quotes.

All quotations must be received on or before the deadline of September 12, 2013 at 2:00P.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: Michelle Morgan, Contract Specialist 346 Marine Forces Drive Grand Prairie, Texas 75051

Mailed or hand-carried quotes must be delivered to the Contracting Officer or to the contracting office at the address shown above no later than the time specified as the deadline for receipt of quotes. The official point for hand-carried quotes will be the receptionist's area on the first floor of the address listed above.

Please do not submit quotes to any location other than the one listed above. Quotes received after the deadline will be processed pursuant to Federal Acquisition Regulation 52.212-1(f). Faxed or emailed quotations are not authorized.

Should you have any questions, please make these inquires in writing. Questions may be submitted via facsimile at (972) 352-4546, ore-mailed to mrmorgan@bop.gov. Any additional questions not addressed herein, please call me at (972) 352-4535.

Michelle Morgan, Contrac Federal Bureau of Prisons Field Acquisition Office

RFQP06171300014 Page 1 of 7

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER OMB (;learance 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

RFQP061713000 14 08/06/2013

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

7. FOR SOLICITATION TIME

INFORMATION CALL: Michelle Morgan (972) 352-4535 09/12/2013 14:00:00 9.1SSUED BY CODE I BFAO 10. THE ACQUISITION IS D UNRESTRICTED OR 5] SET ASIDE: J 00.00 %FOR

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

ELIGIBLE UNDER THE WOMEN-OWNED

Field Acquisition Office D HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS: 621999

U.S. Armed Forces Reserve Complex BUSINESS D EDWOSB

346 Marine Forces Drive D SERVICE-DISABLED SIZE STANDARD: D06 VETERAN-OWNED D Grand Prairie, TX 75051 SMALL BUSINESS B(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 D SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE

0 RFQ D IFB D RFP

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

Federal Bureau of Prisons Federal Bureau of Prisons FCC Lompoc FCC Lompoc 3901 Klein Blvd 3901 Klein Blvd

LOMPOC, CA 93436 LOMPOC, CA 93436

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

OFFEROR CODE

Federal Bureau of Prisons FCC Lompoc 3901 Klein Blvd

LOMPOC, CA 93436

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 pHECKED SEE ADDENDUM

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

ITEM NO. SCHEDULE O F SUPPLIES/SERVICE S QUANTITY UNIT UNIT PRICE AMOUNT

Dental Hygienist Services for the inmate population at FCC Lompoc

Size Standard DOS = $7.0 million

See Continuation Sheet(s) ( U.fe Rever.fe and/or Attach Additionul Shut,, U.f Nece.f.wJry)

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

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

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

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

D 29. AWARD OF CONTRACT: REF. OFFER DATED .

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL 'ITE'MSSET FORTH CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

TERMS AND CONDITIONS SPECIFIED

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 REPRO DUCTION

PREVIOU S EDITION IS NOT USABLE

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

Michelle Morgan

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA- FAR (48 CFR) 53.212

RFQP06171300014 Page 2 of 7

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 32f. 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. l CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/00) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Section

I

RFQP04111300001 0 Page 3 of 33

Table of Contents

Description Page Number

Solicitation/Contract Form Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work

Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Ordering Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995)

52.2 17-8 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 1989) ............... ........ . I 0 52 .232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) .. . ...... . . .. ... . . ......... I 0 52 .232-99 Providing Accelerated Payment to Small Business Subcontractors (Aug 20 12)(Deviation) . I 0 52 .237-7 Indemnification and Medical Liability Insurance (Jan 1997) . . . . . . . . . . . . . . . . . . . . . . . . . II 52 .252-6 Authorized Deviations in Clauses (Apr 1984) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) . . . . . . . . . . II 52 .2 1-603-70 Contracting Officer's Representative (COR) (June 2012) 52 .24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004)

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) DOJ 2640 .2F Department of Justice Order 2640.2F (Nov 2008) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jul2013)

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)

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

5.11 Common Law Employee Notification (Oct 2003)

52.212-2 Evaluation - Commercial Items (Jan 1999) 52.212-3 Offeror Representations and Certifications - Commercial Items (Dec 20 12)

Section 2 - Commodity or Service Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT

0001 Provide Dental Hygienist Services for FCC Lompoc in accordance 1920 ss with the Statement of Work. Base Year Effective Date of Award (EDOA) through 12 months from EDOA.

0002 Provide Dental Hygienist Services for FCC Lompoc in accordance 1920 ss with the Statement of Work. Option Year 1: 13 months from EDOA through 24 months from EDOA . Estimated Maximum

0003 Provide Dental Hygienist Services for FCC Lompoc in accordance 1920 ss with the Statement of Work . Option Year 2: 25 months from EDOA through 36 months from EDOA. Estimated Maximum

0004 Provide Dental Hygienist Services for FCC Lompoc in accordance 1920 ss with the Statement of Work. Option Year 3: 37 months from EDOA through 48 months from EDOA. Estimated Maximum

0005 Provide Dental Hygienist Services for FCC Lompoc in accordance 1920 ss with the Statement of Work. Option Year 4: 49 months from EDOA through 60 months from EDOA. Estimated Maximum

0006 Total for Base and all Option Years (CLIN 1-5)

2.1 Pricing Methodology

PRICING METHODOLOGY

RFQP04111300001 0 Page 4 of 33

UNIT PRICE AMOUNT

The Contractor shall provide non-personal services, upon request by the institution as detailed in the Statement of Work (SOW). 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 (SOW).

The contract rate for these services shall be on a per session basis. A session equals one (1) hour. The contract rate shall include all charges for providing these services. The contract pricing shall include all charges to the Government for performing the services required by this so lici tation/contract (e.g., overhead, profit, equipment).

The quantity of services to be provided by the Contractor is estimated above. These estimates are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or normal. 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 l7.203(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

The Federal Bureau of Prisons (BOP), Field Acquisition Office, Grand Prairie, Texas, intends to make a single award to a responsible entity for the provision of Dental Hygienist Services to the inmate population of the Federal Correctional Complex (FCC) Lompoc, California. The Contractor shall perform the required services to adult male inmates. The Contractor may be required to provide services at any of the following Institutions at the FCC: Federal Prison Camps (FPC), Federal Correctional Institution (FCC), and the United States Penitentiary (USP).

Place of Performance Federal Correctional Complex, Lompoc, 3901 Klein Blvd.

Lompoc, California 93436.

Supplies

RFQP04111300001 0 Page 5 of 33

All equipment, supplies, and materials that the contractor may routinely need to perform the services covered under this contract will be provided by the institution (i.e. gowns, gloves, surgical masks, and eye protection). Contractor will maintain accountability for government furnished equipment/supplies/materials. If special equipment is required by the contractor, a written request must be provided to the Health Services Administrator (HSA) of the FCC. Any records maintained by the contractor under this contract will remain the property of the institution.

Attire The contractor is expected to wear professional clothing while on duty. The attire worn shall also be appropriate for the correctional environment in which the contract employee will be performing.

Schedule of Performance The contractor(s) will normally provide services Monday through Friday (except Federal holidays). Specific days/hours will be defined by the Contracting Officers's Representative (COR). These schedules are subject to change based on the variable needs of the institution(s) and the unpredictable nature of the correctional environment. Upon agreement, any changes to the schedules must be coordinated with the COR assigned under the contract.

The services will normally be between the hours of 6:00 am and 4:00 pm, with a thirty (30) minute unpaid lunch period. A session is defined as one (1) hour in duration. The facility is expected to require an average (8) sessions a day for an average of 40 sessions per week. The schedule service shall not exceed forty ( 40) hours per week.

Work Schedule The contractor will need to be available for emergencies as necessary. Due to the 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. When contract employees report to the institution but are unable to perform services due to such delays, the contractor will be paid for one (I) session.

Note: There will be a processing time at the institution prior to admittance that should be reflected in the price quoted per session.

Terms of the contract will be for a base period of effective date of award through 12 months from effective date of award with four 12 month options for renewal. The contract will require the contractor to operate a system of record documentation and will require adherence to the Privacy Act of 1974. The system of records will be in accordance with inmate medical records.

The contractor is not authorized to disclose this or any information pertaining to inmate medical records to any non-BOP source. Any requests for such information shall be forwarded to the Administrative Contracting Officer for proper disposition.

Description of Responsibilities All duties shall be performed in accordance with standards and methods generally accepted within the field of Dental Hygienist services, 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 on Accreditation of Healthcare Organizations (JCAHO) and American Correctional Association Foundation/Core Standards for Adult Correctional Institutions. The contractor shall be responsible for, but not limited to:

• Comply with FCC Lompoc's infectious control policies.

• Provides and assists the dentist in providing prevention services.

• Clean, polishes and/or oils equipment according to manufactures or biomedical recommendations.

• Cleans and sterilizes instruments, using autoclave techniques.

• Prepares sterile trays and packs, etc.

• Maintains a number of recurring reports, including those concerning materials and equipment.

• Properly store and maintain adequate supplies in the dental clinic.

• Greets, receives, and prepares patients for treatment.

RFQP04111300001 0 Page 6 of 33

• Lays out instruments and materials needed for treatment.

• Obtains a current patient health history, records cursory examination of patient' s oral cavity, takes radiographs such as bite wings, periapical, and panoramic films.

Complete processing of exposed radiographs and marks them with identifying information .

Use lead aprons and shields as protection against radiation .

Prov~des oral and written hygiene instructions removes supragingival and subgingival calculus and stain, applies fluonde treatment, and provided coronal polishing teeth (rubber cup prophylaxis).

Education and Qualifications The contractor shall have successfully graduated from an educational program for Dental Hygienists, approved by the board and accredited by the Commission on Dental Accreditation. The contract employee shall be fully licensed as a Dental Hygienist in the state of California and possess the appropriate insurance requirements. Verification of credentials (state licensor, educational requirements) and Proof of Insurance is required.

Failure to submit evidentiary documentation of certifications, licenses, qualifications, or the name and credentials of a qualified candidate who will perform these services may result in elimination from consideration for award. The individual selected to perform these services must be able to pass a drug screening and law enforcement agency background check

Health Requirements The contractor shall ensure that all contract personnel are free of communicable diseases. Any individual who subsequently develops a medical condition which might reasonably be expected to place other workers, inmates, or the public at risk shall be immediately removed from affected 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 perform this contract.

Method of Performance The services, being non-personal and professional in nature, will be provided in the method as considered appropriate in the local community, in accordance with Joint Commission on Accreditation ofHealthcare Organizations (JACHO) standards, and in accordance with Bureau of Prisons policies. These services, although not directly supervised, will be reviewed periodically by the HSA at FCC Lompoc. The performance of these services will be monitored and verified by the Contract Monitor. The HSA will retain professional responsibility for all patients referred to Health Service Department.

Other Requirements The contract employee may be required to submit to testing or provide evidence acceptable to the Clinical Director of recent testing for tuberculosis or other communicable diseases. Failure to submit to testing or provide acceptable evidence of recent testing for immunity to selected communicable diseases shall be grounds for denying access to inmates. The contract employee shall immediately inform, in writing to the COR and Contract Administrative Officer, any adverse action taken by any regulatory body involving qualifications. This includes, but is not limited to, suspensions, revocation, restrictions on licensor.

Point of Contact If the contract is issued to a company rather than an individual, then the contractor shall provide a Point of Contract (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 contract 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.

Patient Management The contractor will be responsible for receiving patients and explaining procedures to alleviate undue anxiety. The contractor will be responsible for following directives and comply with Bureau of Prison's Health Services Manual, FCC Lompoc institutional mandates and the Health Service Department's policies in the management of all patient encounters.

Patients shall be accorded impartial access to treatment or accommodations that are available or medically indicated, regardless ofrace, creed, sex, national origin, or religion. Staff shall 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 HSA, or COR shall provide any information to the inmate(s). The contractor is required to maintain an open line of communication with the HSA and COR.

RFQP041113000010 Page 7 of 33

Inmate management Provision of services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract' s scope of work abide by all rules to ensure their safety and wellbeing. The successful contractor shall attend the Institution Familiarization Orientation program prior to assuming institution involvement. Reimbursement to the contractor for institution orientation or other specific security related training will be at the contract rate. The contractor may, at any time, be removed from the institution at the discretion of the Chief Executive Officer (CEO). The contractor is to be constantly aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed at the FCC. The contractor will be required to provide documentation to the COR, or designee, of any infractions of institutional rules and regulations by inmates for proper action.

Invoice The contractor shall provide a monthly billing statement to the FCC' s Accounting Department which accurately reflects days worked, number of sessions and the total amount due for the previous month 's services.

Institution security The contractor agrees to adhere to all regulations prescribed by the institution for safety, custody, and conduct of inmates.

Knowledge of regulations ofthe Privacy Act 1974, Freedom oflnformation Act, and Bureau Policies on confidentiality of medical information, and security requirements concerning medical aspects and security of the institution will be observed at all times.

All contract personnel providing services within the confines of the FCC shall have a complete background investigation conducted in accordance with BOP Program Statement 3000.02 "Personnel Manual." Additionally, requirements will be met as outlined in the solicitation/contract entitled "Contract Security/Investigation Requirements. The contract employee will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn at all times for proper identification.

RFQP04111300001 0 Page 8 of 33

Section 3 - Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions- Commercial Items (Feb 2012)

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 B R f a uses sy 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.arnet.gov/far

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52.242-13 Bankruptcy (42.903)(July 1995)(.$150,000)

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

52 .232-39 Unenforceability of Unauthorized Obligations (June 2012)

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 (July 2013)

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

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)

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)

RFQP04111300001 0 Page 9 of 33

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--

( I) 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 ofthe 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)(l) 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.

(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) Ifthe 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 tothat order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be requ ired to make any deliveries under this contract after the last day of the effective performance period.

(End of Clause)

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

RFQP04111300001 0 Page 10 of 33 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 that classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each employee 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

Employee Class Monetary Wage- Fringe Benefits

12025 Dental Hygienist $17.83 per hour plus benefits

(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 avai lable to the Contracting Officer for performance and unti l the Contractor receives notice of availability, to be confmned in writing by the Contracting Officer.

(End of Clause)

52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Aug 2012)(Deviation)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11 , 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance ofthis clause, including this paragraph (b), in all subcontracts with small business concerns.

RFQP04111300001 0

(c) The accelerated payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of Clause)

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

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37 . I 0 I , under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor' s professional medical judgment, diagnosis, or specific medical treatments . The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents . The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $1 ,000,000.00.

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

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

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

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective unti l 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) ofthis 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)

52.252-6 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 28) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

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

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

RFQP04111300001 0 Page 12 of 33

(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 to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal , State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

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

(a) Antonio P. Salandanan, Assistant Health Services Administrator, FCC Lompoc, 805-735-4154, is hereby designated as the Contracting Officer 's Representative (COR) under this contract.

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

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

(End of Clause)

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

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

1. Long-Term Contractor Personnel :

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

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture 10);

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:

I) Favorable review of the security questionnaire form;

2) Favorable fingerprint results ;

3) Favorable credit report, if required;3

RFQP04111300001 0 Page 13 of 33

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

and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements .

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the 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 proofmg requirements listed in items Ia. 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.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Department's esc,ort policy. Please reference the August 11 , 2004, and January 29,2001 , Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required .

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD- 12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice .

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201 /FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-1 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 of HSPD-12 implementation (PIV -II) requires badge issuance to all affected long-term contractors.

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

RFQP04111300001 0 Page 14 of 33

4. In order to avoid' a ~elay in. the hiring p:ocess, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM s mstruct1ons, to obtam 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 Ievell , a favorable review of a credit check is required as part ofthe 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/html/citizens.htm.

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

(End of Clause)

52.242 .1502 Evaluation of Contractor Performance Utilizing CP ARS {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 (COR) 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.mil 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)

DOJ 2640.2F Department of Justice Order 2640.2F (Nov 2008)

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 begirming performance, the contractor agrees to this restriction.

(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 (July 20 13)

(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…