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U.S. Department of Justice
Federal Bureau of Prisons
Administration Division
Field Acquisition Office
Grand Prairie, Texas 75051
RE: Request for Quote 15B10920Q00000022
Prosthetics and Orthotics
Federal Medical Center Lexington, Kentucky
Dear Quoter:
Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of a Prosthetics and Orthotics located at the Federal Medical Center (FMC) Lexington, Kentucky. This package contains all necessary information to submit a quote.
When submitting your quote, you shall consider all information provided herein. Please carefully follow all instructions located on pages 36 of 52 of the solicitation package concerning content, format, and submission of quotes.
All potential quoters are advised that this solicitation includes the provision at FAR 52.204-7 System for
Award Management which requires that an offeror be registered in SAM when submitting an offer or quote and continue to be registered throughout the duration of the contract. Quoters should include their
Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the
SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, all quoters SAM registration should include NAICS code 339113-Surgical Appliances and Supply Manufacturing.
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.
Quotes shall be received on or before the deadline of August 12, 2020, at 8:00 a.m. Central Time. Quotes shall be submitted electronically via email to t8johnson@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted. Quotes received after the quote deadline will be handled in accordance with FAR 212-1(f).
Please submit any questions you may have in writing. Questions may be submitted via email to t8johnson@bop.gov
Sincerely, Tammie Johnson, Contracting Officer
15B10920Q00000022 Page 1 of 52
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
5. SOLICITATION NUMBER
15B10920Q00000022
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
07/13/2020
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Tammie Johnson t8johnson@bop.gov
b. TELEPHONE NUMBER (No collect calls)
972-352-4535
8. OFFER DUE DATE / LOCAL
TIME
08/12/2020 08:00 CT
CODE 15BFA0
Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051
9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD: 750
Employees
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER DPAS
(15 CFR 700)
13b. RATING
X RFQ IFB RFP
14. METHOD OF SOLICITATION
15B109CODE15. DELIVER TO
Federal Bureau of Prisons FMC Lexington
3301 LEESTOWN RD
Lexington, KY 40511
CODE 15B10916. ADMINISTERED BY
Federal Bureau of Prisons FMC Lexington
3301 LEESTOWN RD
Lexington, KY 40511
FACILITY
CODE
CODE
TELEPHONE NO.
17a. CONTRACTOR/
OFFEROR
15B109CODE18a. PAYMENT WILL BE MADE BY
Federal Bureau of Prisons FMC Lexington
3301 LEESTOWN RD
Lexington, KY 40511
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
Provisions of prosthetics and orthotics appliances in accordance with the statement of work.
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)
X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REF. _____________________________ OFFER
DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,
IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)
Tammie Johnson
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
339113
15B10920Q00000022 Page 2 of 52
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
PARTIAL FINAL
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
COMPLETE PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
15B10920Q00000022 Page 3 of 52
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
2.3 Special Contract Conditions
3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)
52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA
OR OTHER NATIONAL EMERGENCY (May 2008) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012)
52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE
2004)
BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR
2011) DJAR-PGD-15-03 Security of Department Information and Systems DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014)
4 List of Attachments 5 Solicitation Provisions
5.1 Quote Submission Instructions
5.2 Award Methodology
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-3 Offeror Representations and Certifications--Commercial Items (Jun 2020)
15B10920Q00000022 Page 4 of 52
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Base Year: Estimated maximum - 25 pairs of custom fitted orthopedic shoes
Firm Fixed Price
PSC: 6515
25 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 Base Year: Estimated maximum - custom foot orthotics
Firm Fixed Price
PSC: 6515
20 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 Base Year: Estimated maximum - custom knee orthotics
Firm Fixed Price
PSC: 6515
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 Base Year: Estimated maximum - custom ankle/foot orthosis
Firm Fixed Price
PSC: 6515
12 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 Base Year : Estimated maximum - custom above the knee (AK) prosthesis
Firm Fixed Price
PSC: 6515
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0006 Base Year : Estimated maximum - custom below the knee (BK) prosthesis
Firm Fixed Price
PSC: 6515
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0007 Base Year : Estimated maximum - prosthetics liners
Firm Fixed Price
PSC: 6515
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0008 Base Year : Estimated maximum - custom fitted compression garments
Firm Fixed Price
PSC: 6515
3 EA $________ $_________________
15B10920Q00000022 Page 5 of 52
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0009 Option Year 1: Estimated maximum - 25 pairs of custom fitted orthopedic shoes
Firm Fixed Price
PSC: 6515
25 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0010 Option Year 1:: Estimated maximum - custom foot orthotics
Firm Fixed Price
PSC: 6515
20 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0011 Option Year 1: Estimated maximum - custom knee orthotics
Firm Fixed Price
PSC: 6515
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0012 Option Year 1: Estimated maximum - custom ankle/foot orthosis
Firm Fixed Price
PSC: 6515
12 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0013 Option Year 1: Estimated maximum - custom above the knee (AK) prosthesis
Firm Fixed Price
PSC: 6515
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0014 Option Year 1: Estimated maximum - custom below the knee (BK) prosthesis
Firm Fixed Price
PSC: 6515
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0015 Option Year 1: Estimated maximum - prosthetics liners
Firm Fixed Price
PSC: 6515
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0016 Option Year 1: Estimated maximum - custom fitted compression garments
Firm Fixed Price
PSC: 6515
3 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0017 Option Year 2: Estimated maximum - 25 pairs of custom fitted orthopedic shoes
Firm Fixed Price
25 EA $________ $_________________
15B10920Q00000022 Page 6 of 52
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0018 Option Year 2: Estimated maximum - custom foot orthotics
Firm Fixed Price
PSC: 6515
20 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0019 Option Year 2: Estimated maximum - custom knee orthotics
Firm Fixed Price
PSC: 6515
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0020 Option Year 2: Estimated maximum - custom ankle/foot orthosis
Firm Fixed Price
PSC: 6515
12 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0021 Option Year 2: Estimated maximum - custom above the knee (AK) prosthesis
Firm Fixed Price
PSC: 6515
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0022 Option Year 2: Estimated maximum - custom below the knee (BK) prosthesis
Firm Fixed Price
PSC: 6515
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0023 Option Year 2: Estimated maximum - prosthetics liners
Firm Fixed Price
PSC: 6515
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0024 Option Year 2: Estimated maximum - custom fitted compression garments
Firm Fixed Price
PSC: 6515
3 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0025 Option Year 3: Estimated maximum - 25 pairs of custom fitted orthopedic shoes
Firm Fixed Price
PSC: 6515
25 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0026 Option Year 3: Estimated maximum - custom foot orthotics
20 EA $________ $_________________
15B10920Q00000022 Page 7 of 52
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0027 Option Year 3: Estimated maximum - custom knee orthotics
Firm Fixed Price
PSC: 6515
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0028 Option Year 3: Estimated maximum - custom ankle/foot orthosis
Firm Fixed Price
PSC: 6515
12 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0029 Option Year 3: Estimated maximum - custom above the knee (AK) prosthesis
Firm Fixed Price
PSC: 6515
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0030 Option Year 3: Estimated maximum - custom below the knee (BK) prosthesis
Firm Fixed Price
PSC: 6515
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0031 Option Year 3: Estimated maximum - prosthetics liners
Firm Fixed Price
PSC: 6515
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0032 Option Year 3: Estimated maximum - custom fitted compression garments
Firm Fixed Price
PSC: 6515
3 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0033 Option Year 4: Estimated maximum - 25 pairs of custom fitted orthopedic shoes
Firm Fixed Price
PSC: 6515
25 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0034 Option Year 4: Estimated maximum - custom foot orthotics
Firm Fixed Price
PSC: 6515
20 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0035 Option Year 4: Estimated maximum - custom knee orthotics
15 EA $________ $_________________
15B10920Q00000022 Page 8 of 52
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0036 Option Year 4: Estimated maximum - custom ankle/foot orthosis
Firm Fixed Price
PSC: 6515
12 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0037 Option Year 4: Estimated maximum - custom above the knee (AK) prosthesis
Firm Fixed Price
PSC: 6515
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0038 Option Year 4: Estimated maximum - custom below the knee (BK) prosthesis
Firm Fixed Price
PSC: 6515
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0039 Option Year 4: Estimated maximum - prosthetics liners
Firm Fixed Price
PSC: 6515
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0040 Option Year 4: Estimated maximum - custom fitted compression garments
Firm Fixed Price
PSC: 6515
3 EA $________ $_________________
Aggregate Pricing (Base Year +All Options): ____________
2.1 Pricing Methodology
The quantity of services to be provided by the contractor is estimated. These estimates are not a representation to an quoter or contrac tor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable or normal. (FAR 16 .503(a)(1) Contract pricing shall include all charges to the Government for providing the services required by the solicitation.
Pursuant to FAR 17.203(b), The Government's evaluation shall be inclusive of options.
The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year requ irement. Pursuant to FAR 17.203(d), the quoter may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.
2.2 Statement of Work
STATEMENT OF WORK
BACKGROUND
15B10920Q00000022 Page 9 of 52
The health care mission of the Federal Bureau of Prisons (BOP) is to provide essential medical, dental, and mental health for federal offenders committed to the care and custody of the United States Attorney General.
The onsite clinics and medical appliances to be provided by professional staff will be consistent with acceptab le community standards. To achieve this goal, the BOP has staffed its institutions with comprehensive health car e teams, including professional and paraprofessional health services staff. To the fullest extent possible, these health care teams provide medical care and treatment within the institution’s Health Services Department. Addi tional information regarding the Federal Bureau of Prisons and its facilities is located at www.bop.gov
OBJECTIVE
The objective of this contract is to provide onsite clinics and professional medical appliances in the specialty of prosthetic and orthotic appliances at the Federal Medical Center (FMC) Lexington, Kentucky. The Federal Bure au Prisons (BOP) intends to establish a contract for the provision of prosthetic and orthotic appliances at FMC Lexington.
PLACE OF PERFORMANCE
Health Service Department at the Federal Medical Center (FMC) Lexington 3301 Leestown Road Lexington, Kentucky 40511.
SCOPE OF WORK
The contractor is to provide professional onsite clinics and medical appliances in the field of prosthetics, orthoti cs, and orthopedic footwear installation. The applications include upper extremity, lower extremity, individual inner/outer footwear needs and any other custom appliances as determined by the clinical director. The gove rnment estimates the following appliances will be required per performance year.
* 25 pairs of custom fitted orthopedic shoes
* 20 pair of custom foot orthotics
* 15 custom knee orthosis
* 12 custom ankle/foot orthosis
* 4 custom above the knee (AK) prosthesis
* 4 custom below the know (BK) prosthesis
* 15 prosthetics liners
* 3 custom fitted compression garments
SCHEDULE
FMC anticipates 24 clinics/session per year. (two (2) clinics/sessions per month). The clinics will be Monday th rough Friday between the hours of 7:30 am and 4:00 pm, excluding federal holidays. This schedule is subject to change based on the variable needs of the institution and the unpredictable nature of the correctional enviro nment. Upon agreement, any changes to the schedules must be coordinated with the Contracting Officer Repres entative (COR) assigned under the contract. A clinic/session is defined as three (3) hours in length. A clinic/s ession does not imply a minimum or maximum number of patients seen.
METHOD OF PERFORMANCE
The services for these appliances, being non-personal and professional in nature, will be provided in the method as considered appropriate in the local community. These prosthetic and orthotic appliances will be reviewed by a physician on the staff of the FMC, monitored and verified by a designated COR. The initial visit by the contra ctor will be primarily for the purpose of evaluation and measurement. The contractor will review the consultatio
15B10920Q00000022 Page 10 of 52 n requests, interview and evaluate the inmate, and document a recommendation. Within 72 hours concluding the visit the contractor will submit a list to the FMC advising of the contract price of all appliances that have been recommended. This list will include the inmate’s name, the appliance recommended, and the contract price of the appliance. The Chief Physical Therapist will review the list and will authorize/reject the itemized proposals.
This list will then be returned to the contractor to obtain the authorized devices. Individual inmates will be fitted with the prosthetic/orthotic device at another visit. This visit will occur after all the appliances have been made and are ready for fitting. Any refitting and/or adjustments needed after the initial fitting will be completed at no additional cost to the FMC. Due to the time-sensitivity and patient-centered nature (required numerous visits to the institution) of the prosthetic and orthotic services, the entity awarded must be within a 75-mile radius of the
FMC.
QUALIFICATIONS/EXPERIENCE
The contractor must have a degree from an accredited school of prosthetics and orthotics to perform clinics and work in an entity located 75 miles or less from 3301 Leestown Road, Lexington, KY 40511 . The contractor must possess current unrestricted national certification to practice orthotics and prosthetics. Documentation of diplomas, certificates and/or national certification must be provided. A resume or curriculum should be includ
ed. The contractor must have at least three (3) years of experience in this field. The individual’s name, work e xperience, and proof of qualification must be provided at the time the quote is submitted. Failure to submit this information may result in quoter not being considered for an award.
The contractor must possess good organizational skills, good interpersonal relationship skills and be able to wo rk effectively with medical staff. The contractor must hold a current professional license that permits him/her to practice the professional specialty of orthotics and prosthetics in any state in the Unites States of America.
QUALITY STANDARDS
The Government reserves the right to inspect and evaluate all medical appliances provided during the perform ance of this contract. The Government may conduct surveillance of any task at any time during the performance of this contract. All surveillance observations will be documented by the Contracting Officer Representative.
When an observation indicates defective performance, the Contracting Officer Representative may issue a Disc repancy Report to the contractor. The contractor shall address any Discrepancy Report in writing to the Contract ing Officer Representative within ten calendar days of the notification, indicating any corrective action taken to rectify the deficiency.
PATIENT MANAGEMENT
Patients shall be afforded impartial access to treatment or accommodations that are available or medically indic ated, regardless of race, creed, sex, national origin, or religion. Staffing shall be commensurate with the expecte d needs of the patients and within the scope of services offered. The contractor is required to maintain an open line of communication with the Clinical Director, HSA, and COR. Scheduling of individual patients is the ulti mate responsibility of Health Services staff.
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 contr act’s scope of work abide by all rules to ensure their safety and well-being. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed at the i
15B10920Q00000022 Page 11 of 52 nstitution. 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.
INSTITUTIONAL SECURITY
The contractor agrees to adhere to all regulations prescribed by the institution for safety, custody and conduct of inmates. The contract employee will be required to operate a system of records as identified for medical tre atment documentation, and will require adherence to the Privacy Act of 1974. 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. The successful contractor shall attend the Institution Familiarization Orientatio n program prior to assuming institution involvement and a refresher session annually. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The contractor may, at any time, be removed from the institution at the discret ion of the CEO. The contractor is to constantly be aware of security and maintain a professional relationship w ith inmates at all times.
MEDICAL RECORDS
The Contractor will participate in maintaining appropriate records of services performed on the inmate patients.
It is understood that upon request, the Contractor will have access to the BOP medical records of inmates for whom the Contractor has provided services. All records maintained by the contractor under this contract will remain the property of the institution.
RESTRICTIONS ON CONTRACT WORKERS:
The contractor will not be responsible for the management of the inmates, supervise BOP staff, participate in inmate accountability, requisition, sign for or pick up supplies. The contractor will not formulate policies or pr ocedures, attend recalls or staff functions.
WORK ATTIRE
The contractor is required to dress in appropriate professional attire for a correctional environment.
2.3 Special Contract Conditions
The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fi xed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded by September 1, 2019 and the effective date of October 1, 2020.
The resulting contract will include a base year period from the Effective Date of Award (EDOA) through 12 mo nths from the EDOA, four (4) possible 12-month option periods for renewal at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option periods in ac cordance with FAR 43.103(b) and 52.217-9, "Option to Extend the Term of the Contract”.
Base Year: Effective Date of Award (October 1, 2020 through September 30, 2021 Option Year 1: October 1, 2021 through September 30, 2022 Option Year 2: October 1, 2022 through September 30, 2023 Option Year 3: October 1, 2023 through September 30, 2024 Option Year 4: October 1, 2024 through September 30, 2025
15B10920Q00000022 Page 12 of 52
Place Of Performance: Services will be performed in the Health Services Department of the FMC Lexi ngton 3301 Leestown Road Lexington, KY 40511. General information about the facility is available at www.bop.gov.
Point of Acceptance: The point of acceptance is FMC Lexington, Kentucky.
Non-Personal Services: The service is a contractual arrangement for and not a personnel appointment. Paym ent is based on the provision of an end product or the accomplishment of a specific result. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored.
Healthcare Provider Status: The resultant contract is for a non-personal healthcare service provider. The contr actor will be an independent contractor. The Government may evaluate the quality of professional and adminis trative services provided, but retains no control over the medical, professional aspects of services rendered. T he contractor must indemnify the Government for any liability producing act of omission by the contractor, its e mployees and agents occurring during performance. The contractor must maintain medical liability insurance in the amount of $1,000,000 per occurrence/$3,000,000 aggregate. Any subcontracts for the provision of services must contain the requirements of the clause at FAR 52.237-7, "Indemnification and Medical Liability Insurance ," including the maintenance of medical liability insurance.
Medical Malpractice: Except as provided elsewhere in this blanket purchase agreement/contract, the Contra ctor shall provide and maintain medical malpractice and such other insurance during the period of this blanket purchase agreement. Refer to Federal Acquisition Regulation (FAR) 52.237-7, Indemnification and Medical L iability Insurance.
If the Contractor or physician who is providing services under this blanket purchase agreement has pending litig ation or administrative proceedings that may affect his/her license to practice medicine or standing as a fellow member in a professional organization, full disclosure shall be provided to the HSA and CO within five cale ndar days upon official notification.
If it is determined by the medical legal review that the standard of care has not been met or there is substantial evidence of negligence on the part of the Contractor or contract employee, regardless of the final judicial decis ion, the physician may lose his/her privileges to practice at the BOP.
Quality of Patient Care/Non-Discrimination: The professional service providers will provide Bureau patien ts under the terms of this BPA the same or equal services to those provided to nonBureau patients. Professional service providers shall be provided within accepted professional standards.
The contractor agrees to make no distinction among patients under this contract on the basis of race, color, cre ed, national origin, or physical condition. For this contract, distinctions on the grounds of race, color, creed, na tional origin, or physical condition include but are not limited to the following: denying any service or benefit;
providing any service or benefit to a patient which is different; or if provided in a different manner or at a differ ent time from that provided to other patients under this contract; subjecting a patient to segregation or separate t reatment in any manner related to his receipt of any service; restricting a patient in any way in the enjoyment of an advantage or privilege enjoyed by others in determining whether he satisfies any admission, enrollment quo ta, eligibility, membership or other requirement or condition which an individual must meet in order to be provi ded any service or benefit; the assignment of time or places for the provision of services on the basis of race, col or, creed, or national origin of the patients served.
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Third Party Liability: Public Law 87-693 (42 U.S.C. 2651) provides that the United States shall be entitled to recover the reasonable value of hospital and medical care and treatment furnished or to be furnished to a person who suffers any injury or disease under circumstances indicating the potential legal liability of another person.
This other person is commonly referred to as the "third party" since his/her negligent act or failure to act caused an injury or disease to the "first party" requiring medical treatment by or at the expense of the United States, th e "second party".
Health Care Provider Credential Verification, Privileges, and Practice Agreement Program: Health care service employees are subject to Program Statement 6021.02, Health Care Provider Credential Verification, Pr ivileges, and Practice Agreement Program, dated 10/12/2016. This program statement is available at www.bo p.gov.
Privacy Act Notification: The contract will require contracted staff to operate a system of records and maintain documentation that will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards for adult health care. The contractor and/or staff are not authorized to disclose this or any information pertaining to an inmate to any non-BOP source. Any requests for such inform ation shall be forwarded to the Contracting Officer or COR for proper disposition.
Reviews. The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this contract. All records shall be subj ect to review by the Contracting Officer or Contracting Officer Representative (COR).
Payments will be denied when such service does not support the charges or if the service is deemed not neces sary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropr iate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the
BOP.
Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.
The Administrative Contracting Office ACO: The Administrative Contracting Office (ACO) will be the F MC Lexington Contracting Office in Lexington, Kentucky. This assignment carries with it the authority to per form all of the normal contract administration functions listed in FAR 53.302(IA) as items 1 through 71 to the extent that those functions apply to this contract. This assignment also includes delegation of authority to per form those negotiation functions as specified in FAR 42.302(b) as item (1) through (11).
Authorized Ordering Officials: OF-347, SF 1449, or Purchase Card Acquisition Form will be used as the task order by any properly warranted Bureau Contracting Officer located at FMC Lexington. Delivery Or ders/Task Orders may be issued by any of the following methods: orally, facsimile, mail, or electronic comme rce methods.
The employees of the contractor entering the institution may be required to meet certain security requirements p rior to entering the institution. Primary concerns are the amount of contact that may occur between the contract or and his/her employees with the inmate population during the performance of the contract. Contract employ ees are allowed access to the institution at the sole discretion of the CEO of the institution. The program mana
15B10920Q00000022 Page 14 of 52 ger at FMC Lexington is responsible for conducting the appropriate law enforcement check on all contractor s taff that may need access inside the prison facility. The following investigative procedure will be performed:
(1) National Crime Information Center (NCIC) check;
(2) Declaration of Federal Employment (OF-306);
(3) FD-258 (fingerprint check);
(4) Law Enforcement Agency checks;
(5) Vouchering of Employers;
(6) Employment Resume;
(7) Completed Contractor Pre-employment Questionnaire;
(8) Release of Information;
(9) Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk);
(10) Credit Check, if applicable;
(11) Urinalysis, if applicable.
Quoters should also note that Contract Clause 52.24-403-70, Notice of Contractor Personnel Security Requirem ents (Oct 2005) requires that contractor personnel have a “favorable credit report.” Quoters are strongly enc ouraged to pre-screen potential candidates for credit issues before submitting the candidate to FMC Lexi ngton.
By submitting a quote for service, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearance will be unable to ent er the Bureau facility. Any individual employed by the contractor who is deemed not suitable by the Bureau r equirements will not be granted access to perform services under the contract. This is a condition of the contra
ct. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens
Schedule of Insurance
As required by FAR clauses 52.228-5 entitled "Insurance-Work on a Government Installation" the contractor sh all, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:
Workers Compensation & Employers Liability:
The contractor shall comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the em ployer's liability section of the insurance policy, except when contract operations are so commingled with a con tractor's commercial operations that it would not be practical to require this coverage. Employer's liability co verage of a least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (FAR 28.307-2(a)).
Comprehensive General Liability:
$500,000 per accident on occurrence for bodily injury. This insurance shall include contractor's protective and liability (FAR 28.307-2(b)), and Automobile liability: (FAR 28.307-2(c)). Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidence required coverage shall contain an endorsement to the effect that any cancella tion or any material change adversely affecting the Government's interest shall not be effective (1) for such pe riod as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the c ontractor gives written notice to the Contracting Officer, whichever period is longer. The contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a
15B10920Q00000022 Page 15 of 52
Government installation and shall require subcontractors to provide and maintain insurance required in the sch edule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.
15B10920Q00000022 Page 16 of 52
Section 3 - Contract Clauses
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
Clause Title Fill-ins (if applicable)
52.228-5 Insurance-Work on a Government Installation (Jan 1997)
52.232-18 Availability of Funds (Apr 1984)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
(Dec 2013)
52.204-13 System for Award Management Maintenance (Oct 2018)
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 current performance period thr ough the last day of the performance period [insert dates].
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
52.216-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 each [inse rt dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of the quantity of items listed [insert dollar figure or quantity];
(2) Any order for a combination of items in excess of the quantity of items listed [insert dollar figure or quantity]; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para graph (b)(1) or (2) of this section.
15B10920Q00000022 Page 17 of 52
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula tion (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitat ions in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice st ating 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 quanti ties of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contrac t may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "max imum" 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 co ntract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified unde r this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the u rgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contr actor shall not be required to make any deliveries under this contract after the last day of the contract performance period. [insert d ate].
(End of clause)
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within prior to the last day of the current performance period [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Gov ernment gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] 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 (months)(years).
(End of clause)
52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)
Funds are not presently available for performance under this contract beyond September 30th. The Government's obligation for perfor mance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract pu rposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract b
15B10920Q00000022 Page 18 of 52 eyond September 30th., until funds are made available to the Contracting Officer for performance and until the Contractor receives no tice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)
(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FA R) 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 professiona l aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific med ical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liabilit y producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liabil ity insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *required industry standards.
(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its ins urability 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 ext ended 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-m ade basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of s uch endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.
(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written not ice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contra ctor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the enti re 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 heal th 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.
* Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medica l specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests.
(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 I.
1. Long-Term Contractor Personnel:
In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contract or employee whose background investigation (BI) process begins on or after October 27, 2005:
a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);
b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for…
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