Solicitation.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

RE: Request for Quote 15B20521Q00000017 Ambulance Services Federal Medical Center (FMC) – Devens, MA

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Ambulance Services for FMC Devens. This package contains all necessary information to submit a quote.

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

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 for Commercial Items. Paragraph (t), System for Award Management (SAM), of this clause requires that all quoters doing business with the Federal Government to be registered in the SAM database. 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 621910.

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 April 1, 2021, at 5:00pm Central Time. Quotes shall be submitted electronically via email to bkeim@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 bkeim@bop.gov.

Sincerely, //s//

Ben Keim, Contracting Officer http://www.aptac-us.org/ mailto:bkeim@bop.gov

15B20521Q00000017 Page 1 of 62

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B20521Q00000017

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Ben Keim bkeim@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4566

8. OFFER DUE DATE / LOCAL

TIME

04/01/2021 17:00 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 UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X 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: 621910

SIZE STANDARD: 16,500,000.00

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

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

BDEVCODE15. DELIVER TO

FMC Devens 36 Independence Drive Building 1677 Devens, MA 01434

CODE 15B20516. ADMINISTERED BY

Federal Bureau of Prisons FMC Devens 42 Patton Rd Ayer, MA 01432

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BDEVCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Devens PO Box 880 Ayer, MA 01432

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

Provision of Ambulance Services 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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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)

Benjamin Keim

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

15B20521Q00000017 Page 2 of 62

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Advance Life Support Trip Base Year: Estimated Maximum Effective Date of Award (EDOA) through 12 months from EDOA

Firm Fixed Price

PSC: V225

Base Period

168 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Basic Life Support Trip Base Year: Estimated Maximum Effective Date of Award (EDOA) through 12 months from EDOA

Firm Fixed Price

PSC: V225

Base Period

108 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Alternate Pick-up Location trip Base Year: Estimated Maximum Effective Date of Award (EDOA) through 12 months from EDOA

Firm Fixed Price

PSC: V225

Base Period

4 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Advance Life Support Trip Option Year 1: Estimated Maximum 13 months from EDOA through 24 months from EDOA

Firm Fixed Price

PSC: V225

Option Period 1

168 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Basic Life Support Trip Option Year 1: Estimated Maximum 13 months from EDOA through 24 months from EDOA

Firm Fixed Price

PSC: V225

Option Period 1

108 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Alternate Pick-up Location Trip Option Year 1: Estimated Maximum 13 months from EDOA through 24 months from EDOA

Firm Fixed Price

PSC: V225

4 $________ $_________________

15B20521Q00000017 Page 3 of 62

Option Period 1

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Advance Life Support Trip Option Year 2: Estimated Maximum 25 months from EDOA through 36 months from EDOA

Firm Fixed Price

PSC: V225

Option Period 2

168 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Basic Life Support Trip Option Year 2: Estimated Maximum 25 months from EDOA through 36 months from EDOA

Firm Fixed Price

PSC: V225

Option Period 2

108 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Alternate Pick-up Location Trip Option Year 2: Estimated Maximum 25 months from EDOA through 36 months from EDOA

Firm Fixed Price

PSC: V225

Option Period 2

4 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Advance Life Support Trip Option Year 3: Estimated Maximum 37 months from EDOA through 48 months from EDOA

Firm Fixed Price

PSC: V225

Option Period 3

168 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Basic Life Support Trip Option Year 3: Estimated Maximum 37 months from EDOA through 48 months from EDOA

Firm Fixed Price

PSC: V225

Option Period 3

108 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Alternate Pick-up Location Trip Option Year 3: Estimated Maximum 37 months from EDOA through 48 months from EDOA

Firm Fixed Price

PSC: V225

Option Period 3

4 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Advance Life Support Trip Option Year 4: Estimated Maximum 49 months from EDOA through 60 months from EDOA

168 $________ $_________________

15B20521Q00000017 Page 4 of 62

Firm Fixed Price

PSC: V225

Option Period 4

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Basic Life Support Trip Option Year 4: Estimated Maximum 49 months from EDOA through 60 months from EDOA

Firm Fixed Price

PSC: V225

Option Period 4

108 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Alternate Pick-up Location Trip Option Year 4: Estimated Maximum 49 months from EDOA through 60 months from EDOA

Firm Fixed Price

PSC: V225

Option Period 4

4 $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Total Sum of Base Year and All Option Years (lines 1-15)

Firm Fixed Price

PSC: V225

1 $________ $_________________

15B20521Q00000017 Page 5 of 62

Continuation of Standard Form 1449

Section 2.1 – Pricing Methodology Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation/contract.

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 requirement. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

2.2 Statement of Work

Subject FMC Devens is an administrative prison housing approximately 1,000 male offenders who require specialized, long-term medical or mental healthcare. FMC Devens also administers a satellite camp which currently houses approximately 100 minimum security male inmates.

Additional information regarding FMC Devens and the Bureau of Prison (BOP) may be located at www.bop.gov.

The Federal Medical Center located in Ayer, MA, intends to make a single award of an indefinite delivery requirements type contract with firm fixed pricing to a responsible entity for the provision of 24-hour emergency Basic Life Support (BLS) and emergency Advance Life Support (ALS) ambulance services. These ambulance services shall be utilized exclusively for the inmates incarcerated at the Federal Medical Center Devens (FMC) located in Ayer, Massachusetts, 42 Patton Road, Devens, Massachusetts, 01432.

Services shall include all supplies, equipment, staffing, licensing, and expertise; as outlined in DHH 105 CMR 107.455, 105 CMR 170.460, and 105 CMR 170.305(c).

Place of Performance The vendor will be responsible for transporting inmates to various locations as required by FMC Devens. Most services are expected to occur, but are not limited to the following:

Transport inmates from the Federal Medical Center (FMC) located at 42 Patton Road, Devens, Massachusetts, 01432 to:

15B20521Q00000017 Page 6 of 62

• The University of Massachusetts Medical Center located at 119 Belmont Street, Worcester, MA.

• UMass Memorial Hospital located at 60 Hospital Road, Leominster, MA.

• Vibra Healthcare located at 111 Huntoon Memorial Highway, Rochdale, MA.

• Nashoba Valley Medical Center located at 200 Groton Road, Ayer, MA.

• Beth Israel Deaconess Medical Center located at 330 Brookline Ave, Boston, MA.

This list is not all encompassing. The contractor will agree to transport inmates to the destination requested by the FMC regardless if another hospital is a shorter distance from the Federal Medical Center.

On occasion, services will occur at an alternate pick up location and be requested to transport the inmate from the location to FMC Devens. Transportation from the alternate pick-up location to FMC Devens may occur at:

• Worcester Regional Airport - ORH located at 375 Airport Dr, Worcester, MA 01602

• Fitchburg Municipal Airport – KFIT 567 Crawford Street, Fitchburg, MA 01420

• Hanscom Air Force Base – Hanscom AFT 1641 Barksdale Street, Bedford, MA 01730 These alternate pick-up services are rare throughout the year. FMC Devens will notify the contractor, with as much advance notice as possible, as to the pickup of these inmates.

FMC Devens staff will escort both ALS/BLS trips from FMC Devens to the hospitals and Alternate pickup locations from the airport to FMC Devens

Special Qualifications The contractor must hold and retain a current state license that permits the vendor to operate a Basic Life Support and Emergency Advance Life Support Ambulance Service in the State of Massachusetts.

15B20521Q00000017 Page 7 of 62

The award of the contract action will be contingent on the approval of the Devens Fire Department in order to add the contractor to the zone plan. The contractor shall meet the requirements of Federal, State, and City codes regulating the operations of this type of service.

The vendor will be responsible for maintaining full compliance with all standards and regulations designated by the DHH 105 CMR 170.305 (c). These requirements are in regards to staffing a Paramedic-level ambulance with a Paramedic and EMT-Intermediate (Paramedic- Intermediate), a paramedic and Advanced EMT (Paramedic-Advanced), or Paramedic and EMT- Basic (Paramedic Basic) configuration.

All Class I and II ambulance vehicles must meet at least the minimum requirements identified with the United States General Services Administration's Federal Specification for the Star of Life Ambulance, KKK-A-1822F.

The contractor must be able to perform and meet all requirements identified by ensuring the ambulance service has the necessary equipment and personnel to furnish services in the volume required by this contract.

EMT(s) and ACLS staff providing emergency services on any ambulance serving the facility must be able to perform all required duties in accordance with regulations governing the institution. It is the contractor's responsibility to ensure their employees are properly trained and are provided updated training regarding changes or updates in all Statewide Treatment Protocols, service policy, and procedures. This includes but is not limited to utilizing all equipment that is required to perform within the basis of this contract.

The contractor must be certified, licensed, or otherwise officially recognized as required by the local, state, regional government, or public entity where the emergency ambulance service is operated or by which it is governed. A copy of the license and/or certification must be furnished to the Contracting Officer. The contractor must be insured and will be required to provide proof of insurance. All personnel must have the appropriate educational experience in those areas of medicine that are commensurate with the medical transport service. The contractor must have the mechanisms to provide the appropriate care required for inmates who are being transported in a safe and secure manner. This includes providing medical supplies and equipment consistent with the scope of care. Medical transport personnel shall ensure that all medical equipment/supplies are in working order.

The Government expects the contractor to perform at the acceptable levels throughout the life of the contract. The Government will periodically evaluate the Contractor's performance by appointing a Contracting Officer's Representative (COR) to monitor performance to ensure services are received in an adequate manner. The contractor must be registered in the System for Award Management (SAM) with the status to accept all awards.

Institution Security During ALS/BLS trips, the ambulance will enter through the Rear Gate at FMC Devens. Cell phones will not be allowed inside FMC Devens and will have to be held by FMC Devens staff while EMT/paramedics are inside FMC Devens prison fence line.

15B20521Q00000017 Page 8 of 62

The Government reserves the right to inspect any ambulance used to provide services under this contract and reject equipment; without advance notification. The ambulance will be escorted to the designated dock area in order to collect and transport the inmate to the designated medical facility. At all times the contractor must allow and make space available in the ambulance for a FMC Devens staff member to ride along with the inmate in order to maintain constant supervision in accordance with institutional policy. Furthermore, a Government Vehicle with a FMC Devens armed or unarmed staff member will travel directly behind the ambulance. The contractor must follow all security procedures as mandated by FMC Devens and the Federal Bureau of Prisons institutional security policies.

Schedule The contractor will be responsible for provide the safe and secure transportation of inmates by means of either BLS or ALS ambulance services in order to transport medically impaired prisoners, of various security levels, that are escorted by BOP staff to and from designated medical facilities. Services may be required at unexpected times to include weekends, Federal holidays, and during non-normal hours. The dates and times of services will be rendered on an as needed basis as determined by FMC Devens' medical staff. The contractor will provide services within fifteen (15) minutes following a telephone order placed by FMC Devens' staff. Services must be available 24 hours a day, seven days a week, and 52 weeks a year.

FMC Devens is a Care Level IV facility which may result in the fluctuation of ambulance services that is needed in order to properly care for the inmate population in accordance with the institutional mission. The contractor must have the ability to transport several inmates throughout the course of the day as there is no predicate forecast available to estimate the need of this service. There may be instances where more than one ambulance will be required at one time. The contractor shall be responsible for responsiveness, adherence to all service requests, technical quality of work, and commitment to customer satisfaction. The contractor shall ensure all personnel will respect and maintain the basic rights of the inmate population receiving services.

Equipment/Supplies The contractor will be responsible for furnishing all supplies necessary for the vendor to provide the required services that is needed by the institution. The inmate may be secured on a government owned back board prior to the contractor's arrival. In such cases, the contractor must leave a back board to replace the Government owned back board. This can be described as a one-for-one agreement. Unless specifically identified as Government furnished property (i.e.

restraints, handcuffs, etc.), the contractor shall supply all necessary requirements to perform the services listed in the SOW. Equipment and supplies can include, but are not limited to:

paramedics, drivers, ambulances, supplies for ambulances, stretchers, etc.

Scope of Services The Contractor shall provide Basic Life Support and Emergency Advance Life Support ambulance services on an as needed basis for the inmate population at FMC Devens. These

15B20521Q00000017 Page 9 of 62 services will be required to include all necessary supplies, equipment, staff, licensing, and expertise.

The scopes of services include but are not limited to:

• The normal volume of trips typically consists of 1 or 2 ambulance services per day.

However, due to the nature of the FMC, a situation may occur requiring numerous emergency services to be performed. Therefore, it is recommended the contractor develop a contingency plan in the event of an occurrence of a catastrophic incident.

• The contractor will be expected to provide services equivalent to the increase in volume related to providing additional transportation of the inmate population.

• Services that are performed under the terms of this contract include pick up or drop off of an inmate. The trip will be considered complete when the inmate is delivered by ambulance with ambulance personnel to the admitting/evaluation unit, a specified ward or unit, or to the location specified at the time the trip is ordered.

Management Orders for services will be made by telephone by Federal Medical Center Devens staff. If attempts to use the primary number fail, the secondary number provided by the Contractor shall be attempted. Contract services will be billed on a monthly invoice. Payment for services will be through Electronic Funding Transfer (EFT). All banking information must be submitted by the contractor, if different then information at www.SAM.gov.

The Contractor will furnish a BLS/ALS ambulance within 15 minutes after receiving an order for services. Fixed pricing will be established prior to award of contract. The contractor will supply individual run sheets with the itemized bill for service provided to the FMC Devens.

Section 2.3 – Special Contract Conditions

Type of Contract: The Government contemplates a single award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that the contract resulting from this solicitation will be awarded in May 2021 with an anticipated effective date of award (EDOA) of July 1, 2021. On or about the EDOA, FMC Devens will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA. Therefore, all background clearances shall be completed prior to the EDOA.

The resulting contract will include a base year period from the effective date of award (EDOA) through 12 months from the EDOA with four (4) possible 12-month option years. Quoters are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 52.217-9, "Option to Extend the Term of the Contract.”

Performance Period(s): The anticipated effective date of award (EDOA) is July 1, 2021.

15B20521Q00000017 Page 10 of 62

Base Year: EDOA through 12 months from EDOA;

Option Year 1: 13 months from EDOA through 24 months from EDOA;

Option Year 2: 25 months from EDOA through 36 months from EDOA;

Option Year 3: 37 months from EDOA through 48 months from EDOA;

Option Year 4: 49 months from EDOA through 60 months from EDOA.

Point of Acceptance: The point of acceptance for services is FMC Devens.

Non-Personal Services Information: This service is a contractual arrangement and not a personnel appointment. Payment is based on the provision of an end product or the accomplishment of a specific task. 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. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

Healthcare Providers: The resulting contract is for a non-personal healthcare provider, as defined in Federal Acquisition Regulations (FAR) 37.401. Agencies may enter into non-personal health care services contracts with physicians, dentists and other health care providers under authority of 10.S.C.2304 and 41 U.S.C. chapter 33, Planning and Solicitation. Each contract shall:

(a) State that the contract is a non-personal health care services contract, as defined in 37.101, under which the contractor is an independent contractor; (b) State that the Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment); (c) Require that the contractor indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance; (d) Require that the contractor maintain medical liability insurance, in a coverage amount acceptable to the contracting officer, which is not less than the amount normally prevailing within the local community for the medical specialty concerned; and (e) State that the contractor is required to ensure that its subcontracts for provisions of health care services, contain the requirements of the clause at 52.237-7, "Indemnification and Medical Liability Insurance", including the maintenance of medical liability insurance. The contractor must maintain medical liability insurance in the amount of $1,000,000 per occurrence/$3,000,000 aggregate.

Medical Malpractice: Except as provided elsewhere in this contract, the Contractor shall provide and maintain medical malpractice and such other insurance during the period of this

15B20521Q00000017 Page 11 of 62 contract. Refer to Federal Acquisition Regulation (FAR) 52.237-7, Indemnification and Medical Liability Insurance.

If the Contractor or physician who is providing services under this contract has pending litigation 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 calendar 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 decision, 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 patients under the terms of this contract the same or equal services to those provided to Non-Bureau 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, creed, national origin, or physical condition. For this contract, distinctions on the grounds of race, color, creed, national 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 different time from that provided to other patients under this contract; subjecting a patient to segregation or separate treatment 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 quota, eligibility, membership or other requirement or condition which an individual must meet in order to be provided any service or benefit; the assignment of time or places for the provision of services on the basis of race, color, creed, or national origin of the patients served.

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, the "second party".

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 supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting

15B20521Q00000017 Page 12 of 62

Officer or COR, whichever is appropriate. 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.

Contract Administration Office (CAO): The Contracting Office at FMC Devens is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 70; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official: Task orders in the form of a SF-1449 may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FMC Devens with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods.

Contract Security/Investigative Requirements: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance.

The following investigative procedures may be applied and appropriate forms completed before any Contractor employees are permitted inside an institution:

(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 In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the

15B20521Q00000017 Page 13 of 62 individual(s) shall be excluded and the Contractor shall provide acceptable replacement personnel subject to the same security requirements. Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

Schedule of Insurance:

As required by FAR clauses 52.228-5 entitled "Insurance-Work on a Government Installation" the contractor shall, 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 employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage.

Employer's liability coverage 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 cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or

(2) until 30 days after insurer or the contractor 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 Government installation and shall require subcontractors to provide and maintain insurance required in the schedule 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.

Statement of Equivalent Rates for Federal Hires 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

15B20521Q00000017 Page 14 of 62

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

Ambulance Driver – 12010 $24.70 + Benefits______________

Emergency Medical Technician - 12040 $24.70 + Benefits______________

(End of clause)

Department of Labor Wage Determination The applicable DOL Wage Determination for this procurement has been determined to be Wage Determination No: 2015-4035, Revision No: 15, Date of Last Revision: 12/21/2020. The current revision is attached.

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018)

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, Contract Terms and Conditions – Commercial Items.

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 address:

www.acquistion.gov/far Clause Title 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.232-18 Availability of Funds (Apr 1984) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.228-5 Insurance-Work on Government Installation (Jan 1997)

FAR 52.216-18, Ordering (Aug 2020) http://www.acquistion.gov/far

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(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 through the last day of the current 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.

FAR 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 deliverable as identified in Schedule of Services, 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 estimated quantities in the Schedule of Items within the current performance period; or

(2) Any order for a combination of items in excess of the estimated quantities 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 paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 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.

FAR 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

15B20521Q00000017 Page 16 of 62 estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

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

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

52.217-9 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.

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

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

FAR 52.237-7 Indemnification and Medical Liability Insurance

Indemnification and Medical Liability Insurance (Jan 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *$1,000,000 per occurrence/$3,000,000 aggregate.

(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 until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be https://www.acquisition.gov/far/part-37#FAR_37_101

15B20521Q00000017 Page 18 of 62 indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

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

BOP 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 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 ID);

b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum

Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management

15B20521Q00000017 Page 19 of 62 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 of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated.

If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. 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-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve-month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

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

b.…