SOLICITATION.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

RE: 15B10621Q00000009, Medical Billing Adjudicator Services Federal Correctional Complex (FCC) Butner, NC

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Medical Billing Adjudicator services for the FCC located in Butner, North Carolina. This package contains all necessary information to submit a quote.

When submitting your quote, the quoter should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning content, format, and submission of quotes. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

All potential quoters are advised that this solicitation includes the provision at FAR 52.204-7 System for Award Management (SAM) 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.

Quotes shall be received on or before the deadline of Thursday, April 1, 2021, at 2:00 p.m.

Central Time (CT). Quotes shall be submitted in pdf format electronically via email to llwheeler@bop.gov. Faxed and hand delivered quotes will not be accepted.

Please submit any questions you may have concerning this solicitation in writing via email to llwheeler@bop.gov.

Sincerely, LaQueta Wheeler

LaQueta Wheeler Contracting Officer mailto:llwheeler@bop.gov mailto:llwheeler@bop.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B10621Q00000009

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/18/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaQueta Wheeler, llwheeler@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4536

8. OFFER DUE DATE / LOCAL

TIME

04/01/2021 02:00 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

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: $30,000,000

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

15B106CODE15. DELIVER TO

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

CODE 15B10616. ADMINISTERED BY

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B106CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Butner

OLD NC HWY 75

Butner, NC 27509

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

PROVIDE MEDICAL BILLING ADJUDICATOR

SERVICES FOR THE INMATE POPULATION

AT THE FEDERAL CORRECTIONAL COMPLEX

LOCATED IN BUTNER, NORTH CAROLINA 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)

LaQueta Wheeler

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

561320 X

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Base Year: 05/01/2021 - 04/30/2022

Provide Medical Billing Adjudicator services to the inmate population at FCC Butner.

Estimated Maximum.

Firm Fixed Price

PSC: Q999

1,440 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Option Year 1: 05/01/2022 - 04/30/2023

Provide Medical Billing Adjudicator services to the inmate population at FCC Butner.

Estimated Maximum.

Firm Fixed Price

PSC: Q999

1,440 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Option Year 2: 05/01/2023 - 04/30/2024

Provide Medical Billing Adjudicator services to the inmate population at FCC Butner.

Estimated Maximum.

Firm Fixed Price

PSC: Q999

1,440 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Option Year 3: 05/01/2024 - 04/30/2025

Provide Medical Billing Adjudicator services to the inmate population at FCC Butner.

Estimated Maximum.

Firm Fixed Price

PSC: Q999

1,440 SS $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Option Year 4: 05/01/2025 - 04/30/2026

Provide Medical Billing Adjudicator services to the inmate population at FCC Butner.

1,440 SS $________ $_________________

Estimated Maximum.

Firm Fixed Price

PSC: Q999

Estimated Aggregate Pricing (Base + Option Years): $_____________________

SECTION 2.1 – PRICING METHODOLOGY

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.

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.

SECTION 2.2 – STATEMENT OF WORK

SUBJECT: The contractor will provide medical billing, coding review, and verification of medical invoices received at the Federal Correctional Complex, hereinafter referred to as the FCC, located in Butner, North Carolina.

PLACE OF PERFORMANCE: Medical Administration Offices, Federal Medical Center (FMC), Old NC Highway 75, Butner, NC 27509.

PERIOD OF PERFORMANCE: The resulting contract will be for a base and 4 year contract.

SCHEDULE: The work schedule will normally consist of 30 sessions per week, with a session being defined as one-hour in length. Although the exact times of performance will be decided by the Health Services Administrator (HSA) after contract award, it is anticipated the contractor will provide eight sessions per day, five days a week, Monday-Friday, 7:30 a.m. to 4:00 p.m., excluding federal holidays. The schedule will include a ½ hour unpaid lunch break. The contractor may not work more than thirty (30) hours per week during the same work week, unless a waiver to exceed that amount is approved and funding is available. Any change in the schedule or adjustments in sessions will require prior approval by the Contracting Officer's Representative (COR.)

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include, but are not limited to, inclement weather, electrical or mechanical problems, or other security concerns.

When a contract employee reports to the institution, but is unable to perform services due to such delays, the contractor will be paid for two sessions. Normally, any remaining sessions for that day will be suspended and the contractor will be free to leave. The contractor will not be paid for any remaining unperformed sessions. However, if the institution requests that the contractor remain at the institution for eventual performance, the contractor will be paid for each session.

The contractor shall not supervise inmates or BOP staff, participate in inmate accountability, purchase supplies or equipment, sign for or pick up supplies or equipment, formulate policies or procedures, attend meetings, staff recalls, or staff functions.

EQUIPMENT AND SUPPLIES: All equipment and supplies required to effect contract performance will be furnished by the FCC and remain the property of the U.S. Government.

SCOPE OF WORK: The manner and method of performance are the sole responsibility and within the sole discretion of the contractor, provided, the contractor performs the services in accordance with standards and practices consistent with those in the community. Services will be provided in the method as considered normal in the local community.

The service is a BPA arrangement and not a personnel appointment. The service does not constitute an employer/employee relationship. These services will be unsupervised by the Government, but will be monitored by the COR. The contractor shall provide the following services:

Utilizing automated records of ingress and egress for each facility at the FCC, the contractor shall verify time worked for other contract staff providing services at the FCC. If the time sheet presented for verification is correct, the contractor shall sign the time sheet to indicate correctness and give it to the COR for final review and signature approving payment. If the time sheet submitted for verification cannot be certified as correct, the contractor shall return the time sheet to the COR with a written determination detailing why the time sheet cannot be certified as correct.

Utilizing Medicare National Correct Coding Initiative (NCCI) coding principles, the contractor shall verify that invoices for medical care to inmates provided by contracted medical services providers are coded appropriately based upon the care documented in the inmates’ medical records. The contractor shall also verify the services provided were consistent with the reason for the inmate’s referral to the medical services provider. If the invoice presented for payment is determined to have been coded appropriately, the contractor shall indicate by signature on the invoice that a coding review has identified no inconsistencies. When inconsistencies in invoice coding prevent the contractor from certifying the accuracy of the invoice, the invoice shall be returned to the COR with a written determination detailing why the invoice cannot be certified as correct.

Utilizing Medicare Part A and Part B payment regulations and payment recommendations from a third party adjudicator, the contractor shall verify that invoices for the provision of medical care to inmates which have been determined to have been properly coded (see 2. above) are also billed appropriately in accordance with the contracted terms and conditions of the contract under which the medical services were provided. If the invoice presented for payment is determined to have been billed appropriately, the contractor shall indicate by signature on the invoice that a billing review has identified no inconsistencies. If the invoice presented for payment cannot be determined to have been billed appropriately, the invoice shall be returned to the COR with a written determination detailing why the invoice cannot be certified as correct.

Utilizing contracted rates provided by the Government, the contractor shall verify that invoices for services performed at the FCC by other contracted medical services providers are accurately billed based upon the inclusion of approved/verified time sheets, the application of correct unit prices to the number of hours billed, and the overall total calculation. If the invoice presented for payment is determined to have been billed appropriately, the contractor shall indicate by signature on the invoice that a billing review has identified no inconsistencies. If the invoice presented for payment cannot be determined to have been billed appropriately, the invoice shall be returned to the COR with a written determination detailing why the invoice cannot be certified as correct.

Utilizing knowledge of Medicare coding and billing standards and procedures, contractor shall investigate all inconsistencies in invoices identified by third party adjudicator. If invoices have been determined as coded and billed correctly, the contractor shall contact the third party adjudicator to update their records and indicate by signature on the invoice that a billing review has identified no inconsistencies.

If invoices have been determined as coded and billed incorrectly, contractor shall return the invoice to the COR with a written determination detailing why the invoice cannot be certified as correct and then notify the medical contractor of inconsistencies per Medicare coding and billing standards and procedures. If the medical contractor disagrees with inconsistency notifications, contractor shall review additional documentation from medical contractor and when appropriate forward to necessary BOP staff for further payment direction.

Other duties will include, but are not limited to: filing, composing memoranda, maintaining suspense files, data entry, and preparation of cost analysis, financial obligations reconciliations, budget and expenditures tracking.

In the performance of all services under this contract, the contractor shall maintain patient confidentiality in accordance with the Privacy Act of 1974 and ensure security of all information and data. Any requests for information relating to an inmate’s medical care shall be referred to the COR for proper disposition.

The contractor shall have access to the following automated resources to perform the tasks identified in this Statement of Work: PGBA systems, IPPS PC Pricer, WordPerfect, and internet access. The contractor shall have access to the following resources: current ICD-9 CM volumes 1 & 2 and CPT code books. The contractor shall verify invoices for services billed under the Medicare Outpatient Prospective Payment System through manual calculations as needed and comparison to payment recommendation from third party adjudicator.

SPECIAL QUALIFICATIONS REQUIRED:

• The contractor shall have a thorough knowledge of Medicare payment principles, to include but not be limited to: Medicare Inpatient Prospective Payment System, Medicare Outpatient Prospective Payment System, Medicare Ambulatory Surgical Center Payment Rates, Medicare Part B Physician Fee Schedule, Medicare Anesthesia Physician Services, Medicare Clinical Laboratory Fee Schedule, and Medicare Drugs and Biological Payment Amounts.

• 2 Years of experience in a healthcare or insurance environment. Requires strong analytical, organizational and customer service skills. Strong oral and written communication skills. Proficient in database software.

• The individual providing these services shall possess a verifiable experience of at least two years and at a minimum of a certificate in one of the following:

Registered Health Information Administrator (RHIA) Registered Health Information Technician (RHIT) Certified Coding Specialist (CCS) Certified Coding Assistant (CCA) Certified Professional Coder (CPC)

The individual selected to perform these services must be able to pass a drug screening and law enforcement agency background check to include credit checks.

Contractor’s Invoice: The contractor will provide a monthly billing statement that accurately reflects the days of each visit, the number of sessions for each visit and the total dollar amount due for that month’s services. Payment is based on an end product or the accomplishment of specific results.

Institution Security: The contractor agrees to adhere to all regulations prescribed by the institution for safety, custody, and conduct of inmates. The contractor shall attend institution orientation training, which will last approximately four hours, prior to performing any services under this contract. The time and date for this orientation training will be decided after contract award.

Additionally, the contractor may be required to attend, on an annual basis, security related refresher training.

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 discretion of the CEO.

The manner and method of performance are the sole responsibility and within the sole discretion of the contractor, provided the contractor performs the services in accordance with standards and practices consistent with those in the community. The contractor will not be subject to Government supervision, except for security related matters.

However, contractor performance shall be monitored.

Services will be provided in the method as considered normal in the local community. These services will be unsupervised by the Government, but will be monitored by the Contracting Officer's representative (COR).

END OF STATEMENT OF WORK

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 April 2021 and with an anticipated effective date of award (EDOA) of May 1, 2021. On or about the EDOA, FCC Butner will issue a task order to the contractor. The contractor shall commence full performance of services on 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 for renewal at the unilateral discretion of the Government. 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 Periods:

Base Year: May 1, 2021 to April 30, 2022;

Option Year 1: May 1, 2022 to April 30, 2023;

Option Year 2: May 1, 2023 to April 30, 2024;

Option Year 3: May 1, 2024 to April 30, 2025;

Option Year 4: May 1, 2025 to April 30, 2026;

Point of Acceptance: The point of acceptance for services is FCC Butner.

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.

Healthcare Providers: The resulting BPA is for a non-personal healthcare provider, as defined in Federal Acquisition Regulations (FAR) 37.401. Agencies may enter into nonpersonal 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 nonpersonal 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.

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 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 FCC Butner 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.

Medical Malpractice: Except as provided elsewhere in this blanket purchase agreement, the Contractor 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 Liability Insurance.

If the Contractor or physician who is providing services under this blanket purchase agreement 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 BPA 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 BPA on the basis of race, color, creed, national origin, or physical condition. For this BPA, 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 BPA; 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".

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, Privileges, and Practice Agreement Program, dated 10/12/2016. This program statement is available at www.bop.gov.

Privacy Act Notification: The BPA 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-Bureau source. Any requests for such information shall be forwarded to the Contracting Officer or COR for proper disposition.

Security and Investigative Requirements: The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the institution. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the BPA. Contract employees are allowed access to the institution at the sole discretion of the CEO of the institution.

The Requisition Office (as identified on the Optional Form 347, Block 10) is responsible for conducting the appropriate law enforcement check on all contractor staff 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 BPA clause 52.24-403-70, Notice of Contractor Personnel Security Requirements (Oct 2005) requires that contractor personnel have a “favorable credit report.” Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to FCC Butner.

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 enter the Bureau facility. Any individual employed by the contractor who is deemed not suitable by the Bureau requirements will not be granted access to perform services under the BPA. This is a condition of the BPA. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens.

Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCC Butner 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. "OF-347, SF-1449, or purchase card acquisition form" will be used as task orders.

Schedule of Insurance: In accordance with FAR 52.212-4(q), the Contractor shall comply with all applicable Federal, State, and local laws for the requirements of maintaining applicable insurance coverage.

SECTION 3 – CONTRACT CLAUSES

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 FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.224-1 Privacy Act Notification (Apr 1984) FAR 52.224-2 Privacy Act (Apr 1984) FAR 52.228-5 Insurance – Work on a Government Installation (Jan 1997) FAR 52.232-18 Availability of Funds (Apr 1984) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 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 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.

(End of Clause)

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 http://www.acquistion.gov/far

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.

(End of Clause)

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 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.

(End of Clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

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

(End of Clause)

FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

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

(End of Clause)

DOJ 52.24-403-70 NOTICE OF CONTRACTOR 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 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. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

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

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge.

The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

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

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

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

Notes:

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

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

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

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.

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

[End of Clause]

BOP 52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR

OTHER NATIONAL EMERGENCY (MAY 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are: Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

http://www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accomplish work.

Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification.

The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

[End of Clause]

JAR 2852.223-70 UNSAFE CONDITIONS DUE TO THE PRESENCE OF HAZARDOUS MATERIAL

(JUN 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Representative (COR) as potentially hazardous and requiring safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

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

(End of Clause)

BOP 52.21-603-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (JUL 2012)

(a) Christy Bunn, Director of Nursing, FCC Butner, (919) 575-3900 extension 6217, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for:…