Solicitation_FMC Lexington_Prosthetic and Orthotic.pdf
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- Prosthetic and Orthotic Services - FMC Lexington
- Solicitation number
- 15BFA025Q00000150
About this file
This is a federal solicitation for prosthetic and orthotic services for the Federal Medical Center (FMC) in Lexington, Kentucky. The Department of Justice Bureau of Prisons is seeking a contractor to provide comprehensive prosthetic and orthetic services for the inmate population, with an estimated annual requirement of 25 pairs of custom orthopedic shoes, 20 pairs of foot orthotics, 5 knee orthoses, 12 ankle/foot orthoses, 5 above-knee prostheses, 4 below-knee prostheses, 15 prosthetic liners, 3 custom compression garments, and miscellaneous repairs/adjustments.
The solicitation (Number 15BFA025Q00000150) is structured as an indefinite-delivery/requirements contract with firm-fixed unit prices, covering a base year and four potential 12-month option years. The contract will be awarded to a contractor located within 75 miles of the Lexington facility. Quotes are due by June 23, 2025, at 10:00 CT, with an anticipated contract start date of October 1, 2025. The previous contract was held by MOTC Louisville, LLC (now Hanger Clinics), which was valued at $1,271,750.00. Contractors must be registered in the System for Award Management (SAM) with NAICS code 339113 and comply with various federal contracting requirements.
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U.S. Department of Justice
Federal Bureau of Prisons
Administration Division
Field Acquisition Office
Grand Prairie, Texas 75051
Dear Quoter:
Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Prosthetic and Orthotic Services at the Federal Medical Center (FMC) Lexington, KY.
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 provision at FAR 52.204-7, System for
Award Management (SAM). This provision requires that all quoters doing business with the Federal
Government to be registered in the SAM database for “All Awards”. Quoters should include their Unique
Entity Identification (UEI) number with their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees UEI number into the SAM database.
Failure to complete the registration procedures outlined in the clause may result in elimination from consideration for award. For the purposes of this solicitation, all quoter’s SAM registration should include NAICS code 339113.
If you have questions regarding 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.
Contractors must comply with FAR 52.222-54, E-Verify Requirements, by enrolling in E-Verify within
30 days of contract award and beginning verification within 90 days of enrollment.
Quotes shall be received on or before the deadline specified in Block 8 of the Standard Form (SF) 1449, page 1 of this solicitation. Quotes shall be submitted electronically, via email to sburke@bop.gov in pdf format only and will be deemed received at the time indicated on the email notification. Faxed and hand delivered quotes will not be accepted.
Please submit any questions you may have, in writing, via email to sburke@bop.gov.
Sincerely, Sarah Burke
Contracting Officer http://www.aptac-us.org/ mailto:sburke@bop.gov mailto:sburke@bop.gov
15BFA025Q00000150 Page 1 of 70
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.
1. REQUISITION NUMBER
15B10925PR000185
PAGE 1 OF
5. SOLICITATION NUMBER
15BFA025Q00000150
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
06/04/2025
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Sarah Burke sburke@bop.gov
b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL
TIME
06/23/2025 10:00 CT
CODE 15BFA0
Federal Bureau of Prisons
Field Acquisition Office
U.S. Armed Forces Reserve Complex
346 Marine Forces Drive
Grand Prairie, TX 75051
9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
8(A)
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
339113
SIZE STANDARD:
10. THE ACQUISITION IS
SEE SCHEDULE
11. DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER THE
DEFENSE PRIORITIES AND
ALLOCATIONS SYSTEM -
DPAS (15 CFR 700)
13b. RATING
X REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
14. METHOD OF SOLICITATION
CODE15. DELIVER TO CODE 15B10916. ADMINISTERED BY
Federal Bureau of Prisons FMC Lexington
3301 LEESTOWN RD
Lexington, KY 40511
FACILITY
CODE
CODE
TELEPHONE NUMBER
17a. CONTRACTOR/
OFFEROR
15B109CODE18a. PAYMENT WILL BE MADE BY
Federal Bureau of Prisons FMC Lexington
3301 LEESTOWN RD
Lexington, KY 40511
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
Provision of Prosthetic and Orthotic Services for the AIC population at FMC Lexington per SOW
UEI:___________________________________
EMAIL: ________________________________
WEBSITE: ______________________________
Firm Fixed Price
See Continuation Sheet(s)
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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: REFERENCE _____________________________
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)
Sarah Burke
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
Federal Bureau of Prisons FMC Lexington
3301 LEESTOWN RD
Lexington, KY 40511
15B109
15BFA025Q00000150 Page 2 of 70
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
PARTIAL FINAL
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
COMPLETE PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 11/2021) BACK
15BFA025Q00000150 Page 3 of 70
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services Schedule
2.1 PRICING METHODOLOGY
2.2 STATEMENT OF WORK
2.3 SPECIAL CONTRACT CONDITIONS
3 Contract Clauses 52.204-13 System for Award Management Maintenance (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.242-13 Bankruptcy (July 1995) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020) 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)
BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS
(APR 2011)
DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) DOJ-07 Prohibition On Access By Non-U.S. Citizens To DOJ IT Systems (MAR 2002) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007)
4 List of Attachments 5 Solicitation Provisions
52.204-7 System for Award Management (Nov 2024) 52.217-5 Evaluation of Options (July 1990) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020)
5.1 Quote Submission Requirements/Evaluation and Award Methodology/Sam Registration/
PTAC/FOIA
52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)
15BFA025Q00000150 Page 4 of 70
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Custom Fitted Orthopedic Shoes
ESTIMATED MAXIMUM
Base Period: Effective Date of Award (EDOA) through 12 months from EDOA
PSC: Q999
Base Period
25 PR $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 Foot Orthotics
ESTIMATED MAXIMUM
Base Period: Effective Date of Award (EDOA) through 12 months from EDOA
PSC: Q999
Base Period
20 PR $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 Knee Orthosis
ESTIMATED MAXIMUM
Base Period: Effective Date of Award (EDOA) through 12 months from EDOA
PSC: Q999
Base Period
5 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 Ankle/Foot Orthosis
ESTIMATED MAXIMUM
Base Period: Effective Date of Award (EDOA) through 12 months from EDOA
PSC: Q999
Base Period
12 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 AK Prosthesis
ESTIMATED MAXIMUM
Base Period: Effective Date of Award (EDOA) through 12 months from EDOA
PSC: Q999
Base Period
5 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0006 BK Prosthesis
ESTIMATED MAXIMUM
Base Period: Effective Date of Award (EDOA) through 12 months from EDOA
PSC: Q999
4 EA $________ $_________________
15BFA025Q00000150 Page 5 of 70
Base Period
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0007 Prosthetic Liners
ESTIMATED MAXIMUM
Base Period: Effective Date of Award (EDOA) through 12 months from EDOA
PSC: Q999
Base Period
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0008 Custom Fitted Compression Garments
ESTIMATED MAXIMUM
Base Period: Effective Date of Award (EDOA) through 12 months from EDOA
PSC: Q999
Base Period
3 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0009 Repairs/Adjustments/Modifications/Replacement Parts (Annual Dollar Value Estimate)
ESTIMATED MAXIMUM
Base Period: Effective Date of Award (EDOA) through 12 months from EDOA
PSC: Q999
Base Period
1 SV $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0010 Custom Fitted Orthopedic Shoes
ESTIMATED MAXIMUM
Option Year 1: 13 months from EDOA through 24 months from
EDOA
PSC: Q999
Unexercised Option 1
25 PR $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0011 Foot Orthotics
ESTIMATED MAXIMUM
Option Year 1: 13 months from EDOA through 24 months from
EDOA
PSC: Q999
Unexercised Option 1
20 PR $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0012 Knee Orthosis
ESTIMATED MAXIMUM
Option Year 1: 13 months from EDOA through 24 months from
EDOA
PSC: Q999
Unexercised Option 1
5 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
15BFA025Q00000150 Page 6 of 70
0013 Ankle/Foot Orthosis
ESTIMATED MAXIMUM
Option Year 1: 13 months from EDOA through 24 months from
EDOA
PSC: Q999
Unexercised Option 1
12 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0014 AK Prosthesis
ESTIMATED MAXIMUM
Option Year 1: 13 months from EDOA through 24 months from
EDOA
PSC: Q999
Unexercised Option 1
5 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0015 BK Prosthesis
ESTIMATED MAXIMUM
Option Year 1: 13 months from EDOA through 24 months from
EDOA
PSC: Q999
Unexercised Option 1
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0016 Prosthetic Liners
ESTIMATED MAXIMUM
Option Year 1: 13 months from EDOA through 24 months from
EDOA
PSC: Q999
Unexercised Option 1
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0017 Custom Fitted Compression Garments
ESTIMATED MAXIMUM
Option Year 1: 13 months from EDOA through 24 months from
EDOA
PSC: Q999
Unexercised Option 1
3 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0018 Repairs/Adjustments/Modifications/Replacement Parts (Annual Dollar Value Estimate)
ESTIMATED MAXIMUM
Option Year 1: 13 months from EDOA through 24 months from
EDOA
PSC: Q999
Unexercised Option 1
1 SV $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0019 Custom Fitted Orthopedic Shoes
ESTIMATED MAXIMUM
Option Year 2: 25 months from EDOA through 36 months from
EDOA
25 PR $________ $_________________
15BFA025Q00000150 Page 7 of 70
Unexercised Option 2
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0020 Foot Orthotics
ESTIMATED MAXIMUM
Option Year 2: 25 months from EDOA through 36 months from
EDOA
PSC: Q999
Unexercised Option 2
20 PR $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0021 Knee Orthosis
ESTIMATED MAXIMUM
Option Year 2: 25 months from EDOA through 36 months from
EDOA
PSC: Q999
Unexercised Option 2
5 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0022 Ankle/Foot Orthosis
ESTIMATED MAXIMUM
Option Year 2: 25 months from EDOA through 36 months from
EDOA
PSC: Q999
Unexercised Option 2
12 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0023 AK Prosthesis
ESTIMATED MAXIMUM
Option Year 2: 25 months from EDOA through 36 months from
EDOA
PSC: Q999
Unexercised Option 2
5 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0024 BK Prosthesis
ESTIMATED MAXIMUM
Option Year 2: 25 months from EDOA through 36 months from
EDOA
PSC: Q999
Unexercised Option 2
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0025 Prosthetic liners
ESTIMATED MAXIMUM
Option Year 2: 25 months from EDOA through 36 months from
EDOA
PSC: Q999
Unexercised Option 2
15 EA $________ $_________________
15BFA025Q00000150 Page 8 of 70
0026 Custom fitted Compression garments
ESTIMATED MAXIMUM
Option Year 2: 25 months from EDOA through 36 months from
EDOA
PSC: Q999
Unexercised Option 2
3 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0027 Repairs/Adjustments/Modifications/Replacement Parts (Annual Dollar Value Estimate)
ESTIMATED MAXIMUM
Option Year 2: 25 months from EDOA through 36 months from
EDOA
PSC: Q999
Unexercised Option 2
1 SV $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0028 Custom fitted orthopedic shoes
ESTIMATED MAXIMUM
Option Year 3: 37 months from EDOA through 48 months from
EDOA
PSC: Q999
Unexercised Option 3
25 PR $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0029 Foot Orthotics
ESTIMATED MAXIMUM
Option Year 3: 37 months from EDOA through 48 months from
EDOA
PSC: Q999
Unexercised Option 3
20 PR $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0030 Knee Orthosis
ESTIMATED MAXIMUM
Option Year 3: 37 months from EDOA through 48 months from
EDOA
PSC: Q999
Unexercised Option 3
5 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0031 Ankle/Foot Orthosis
ESTIMATED MAXIMUM
Option Year 3: 37 months from EDOA through 48 months from
EDOA
PSC: Q999
Unexercised Option 3
12 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0032 AK Prosthesis
ESTIMATED MAXIMUM
Option Year 3: 37 months from EDOA through 48 months from
5 EA $________ $_________________
15BFA025Q00000150 Page 9 of 70
Unexercised Option 3
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0033 BK Prosthesis
ESTIMATED MAXIMUM
Option Year 3: 37 months from EDOA through 48 months from
EDOA
PSC: Q999
Unexercised Option 3
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0034 Prosthetic liners
ESTIMATED MAXIMUM
Option Year 3: 37 months from EDOA through 48 months from
EDOA
PSC: Q999
Unexercised Option 3
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0035 Custom fitted Compression garments
ESTIMATED MAXIMUM
Option Year 3: 37 months from EDOA through 48 months from
EDOA
PSC: Q999
Unexercised Option 3
3 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0036 Repairs/Adjustments/Modifications/Replacement Parts (Annual Dollar Value Estimate)
ESTIMATED MAXIMUM
Option Year 3: 37 months from EDOA through 48 months from
EDOA
PSC: Q999
Unexercised Option 3
1 SV $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0037 Custom fitted orthopedic shoes
ESTIMATED MAXIMUM
Option Year 4: 49 months from EDOA through 60 months from
EDOA
PSC: Q999
Unexercised Option 4
25 PR $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0038 Foot Orthotics
ESTIMATED MAXIMUM
Option Year 4: 49 months from EDOA through 60 months from
EDOA
PSC: Q999
Unexercised Option 4
20 PR $________ $_________________
15BFA025Q00000150 Page 10 of 70
0039 Knee Orthosis
ESTIMATED MAXIMUM
Option Year 4: 49 months from EDOA through 60 months from
EDOA
PSC: Q999
Unexercised Option 4
5 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0040 Ankle/Foot Orthosis
ESTIMATED MAXIMUM
Option Year 4: 49 months from EDOA through 60 months from
EDOA
PSC: Q999
Unexercised Option 4
12 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0041 AK Prosthesis
ESTIMATED MAXIMUM
Option Year 4: 49 months from EDOA through 60 months from
EDOA
PSC: Q999
Unexercised Option 4
5 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0042 BK Prosthesis
ESTIMATED MAXIMUM
Option Year 4: 49 months from EDOA through 60 months from
EDOA
PSC: Q999
Unexercised Option 4
4 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0043 Prosthetic liners
ESTIMATED MAXIMUM
Option Year 4: 49 months from EDOA through 60 months from
EDOA
PSC: Q999
Unexercised Option 4
15 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0044 Custom fitted Compression garments
ESTIMATED MAXIMUM
Option Year 4: 49 months from EDOA through 60 months from
EDOA
PSC: Q999
Unexercised Option 4
3 EA $________ $_________________
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0045 Repairs/Adjustments/Modifications/Replacement Parts (Annual Dollar Value Estimate)
ESTIMATED MAXIMUM
Option Year 4: 49 months from EDOA through 60 months from
1 SV $________ $_________________
15BFA025Q00000150 Page 11 of 70
Unexercised Option 4
Aggregate Total: $ _________________________ (Base Year plus All Option Years)
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.
2.2 STATEMENT OF WORK
INTRODUCTION
The Federal Bureau of Prisons, Field Acquisition Office (FAO), Grand Prairie, Texas, intends to make a single award for the provision of Prosthetic/Orthotic Services to a responsible contractor who can provide the services in accordance with the stated requirements. Prosthetic/Orthotic Services shall be performed for the Adult in Custody (herein after referred to as AIC) population at the Federal Medical Center (FMC) Lexington, located in Lexington, Kentucky. General information regarding the Bureau of Prisons (BOP) and its facilities is located at www.bop.gov.
BACKGROUND
The health care mission of the Federal Bureau of Prisons (BOP) is to provide essential medical, dental, and mental health services to Federal offenders committed to the care and custody of the United States Attorney General. The care to be provided by professional staff will be consistent with acceptable community standards. To achieve this goal, the BOP has staffed its institutions with comprehensive health care teams, including professional and paraprofessional health services staff. To the fullest extent possible, these health care teams provide medical care and treatment within the institution’s Health Services (HSU). Faith-Based and Community- Based Organizations have the right to submit quotations equally with other organizations for contracts for which they are eligible. The Federal Medical Center in Lexington, Kentucky (hereinafter referred to as FMC) intends to make a single award to a responsible entity for the provision of Prosthetic/ Orthotic Services as set forth in this solicitation/contract. Due to the time-sensitive and patient-centered nature of the Prosthetic and Orthotic Services, the entity awarded must be within a 75-mile radius of the FMC address as follows: 3301 Leestown Road, Lexington, Kentucky.
PLACE OF PERFORMANCE
Federal Medical Center, Lexington 3301 Leestown Road Lexington, Kentucky 40511
SCOPE OF WORK
The contractor is to provide professional medical services in the field of prosthetics, orthotics, and orthopedic footwear installation. The applications include upper extremity, lower extremity, individual inner/outer footwear needs, and any other custom appliances as determined by the clinical director.
Following are yearly estimates*:
25 pair Custom fitted orthopedic shoes 20 pair Foot Orthotics 5 each Knee Orthosis 12 each Ankle/Foot Orthosis 5 each AK Prosthesis 4 each BK Prosthesis
15BFA025Q00000150 Page 12 of 70
15 each Prosthetic liners 5 each Custom fitted Compression garments Repairs/Adjustments/Modifications/Replacement Parts (annual dollar estimate).
SCHEDULE
The schedule will normally consist of 24 clinics/sessions per year. FMC Lexington retains the right to schedule more or less sessions as needed. A session is defined as one to three (1-3) hours in length. A session does not imply a minimum or maximum number of patients seen. The work schedule will be between the hours of 7:30 am and 3:00 pm Monday through Friday excluding Federal Holidays. The work schedule will be mutually determined by the contractor and the FMC Lexington Contracting Officer Representative (COR). The growth in services needed over the term of the contract is projected to remain constant. Should there be a substantial increase in patient referral to the FMC, it is possible there may be an increase in demand for orthotics/prosthetics. The contractor shall be willing and prepared to meet any additional workload increases during the contract term.
METHOD OF PERFORMANCE
The services, being non-personal and professional in nature, will be provided in the method as considered appropriate in the local community. These services will be reviewed by a medical provider on the staff of FMC. The performance of these services will also be verified by a designated Contracting Officer Representative (COR). The initial visit by the contractor will be primarily for the purpose of evaluation and measurement. The contractor will review the consultation requests, interview and evaluate the adult in custody (AIC), and document a recommendation. Within 72 hours of concluding the visit, the contractor will submit a list to the FMC advising of the contract price of all appliances and/or repairs/adjustments/modifications/replacement parts that have been recommended. This list will include the AIC’s name, the appliance recommended, and the itemized contract price list of the recommendation. The COR or Officer in Charge of the Prosthetics/Orthotics Clinic will review the list and will authorize/reject the itemized proposals. This list will then be returned to the contractor to obtain the authorized devices. Individual AICs will be fitted with the prosthetic/orthotic device at another visit. This visit will occur after all the appliances have been made and are ready for fitting. Any refitting and/or adjustments needed after the initial fitting will be completed at no additional cost to the FMC.
BILLING
The Contractor’s invoices will be required to include only the following items/categories:
Orthopedic shoes;
Orthotics;
Knee orthosis;
Ankle/foot orthosis;
Above the knee prosthesis;
Below the knee prosthesis;
Prosthetic liners;
Compression garments;
Repairs/Adjustments/Modifications/Replacement Parts (Annual Dollar Value Estimate) It will be the responsibility of the contractor to ensure their invoices comply with the required items/categories listed above.
Any invoice that includes items or services that are not listed above will be rejected.
ATTIRE
The contractor is required to dress appropriate professional attire for the correctional environment.
QUALITY STANDARDS
The Government reserves the right to inspect and evaluate all services provided during the performance of this contract.
The Government may conduct surveillance of any task at any time during the performance of this contract. All surveillance observations will be documented by the Contracting Officer Representative. When an observation indicates defective performance, the Contracting Officer Representative may issue a Discrepancy Report to the contractor. The contractor shall address any Discrepancy Report in writing to the Contracting Officer Representative within ten calendar days of the notification, indicating any corrective action taken to rectify the deficiency.
POLICIES, PROCEDURES, AND REGULATIONS
The contractor shall adhere to all federal, state, and local laws and regulation in effect during the term of this contract.
Contract staff shall adhere to all policies and procedures prescribed by the BOP relating to the safety, custody and conduct of AIC.
ADULT IN CUSTODY (AIC) MANAGEMENT
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The contractor will not be responsible for the management of the AICs, supervise BOP staff, participate in AIC accountability, requisition, sign for or pick up supplies. The contractor will not formulate policies or procedures, attend recalls or staff functions.
INSTITUTION SECURITY
The contractor agrees to adhere to all regulations prescribed by the institution for safety, custody and conduct of AICs.
The contractor shall attend an initial and annual four-hour contractor training session prior to assuming institutional involvement. A “refresher” orientation must be completed annually. The date and time for this orientation and annual refresher training shall be mutually agreed upon by both parties, and all costs associated with this orientation shall be at the contractor’s sole expense.
MEDICAL RECORDS
The Contractor will participate in maintaining appropriate records of services performed on the AIC patients. It is understood that upon request, the Contractor will have access to the BOP medical records of AICs for whom the Contractor has provided services.
STAFF QUALIFICATIONS/CREDENTIALS
The Contractor must have a degree from an accredited school of prosthetics and orthotics and work in an entity located 75 miles or less from 3301 Leestown Road, Lexington, KY 40511. The contractor employee must possess current, unrestricted national certification to practice orthotics and prosthetics. Documentation of diplomas, certificates and/or national certification must be provided. A resume or curriculum vitae should be included. The contract individual must have at least three (3) years of experience in this field. The contractor shall ensure submitted prospective employee(s) meet the requirements of vouching process as described in the Human Resource Management Personnel Manual
3000.03. The individual’s name, work experience, and proof of qualification must be provided at the time the quote is submitted. Failure to submit this information may result in quoter not being considered for award.
The contract individual must possess good organizational skills, good interpersonal relationship skills and be able to work effectively with medical staff. If applicable, the contract individual will hold a current professional license that permits him/ her to practice the professional specialty of orthotics and prosthetics in the state of Kentucky.
WORK MANANGEMENT
The successful contractor will be required to follow any and all applicable guidelines for the services to be provided. He/ she will also maintain accountability of all government furnished materials, supplies, and equipment. The contractor shall submit all billing documents in a form that is routinely submitted to the Medicare Fiscal intermediary for payment. For instance, if Medicare would require provider to submit a Form n. 1500 for payment of services, then this is the document that should be submitted to the FMC for payment of services.
CONTRACT PRICING/SCHEDULE OF SUPPLIES/SERVICES
The contract rate for most appliances will be based on the most current durable medical equipment Fee Schedule for Kentucky.
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 June or July 2025, with an anticipated effective date of award (EDOA) of October 01, 2025. On or about the EDOA, FMC Lexington will issue a task order to the contractor. The contractor shall commence full performance services on the EDOA, therefore, all background clearances shall be completed prior to 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 year renewals, at the unilateral discretion of the Government. Quoters are advised that the Government has the unilateral right to exercise option years in accordance with FAR 52.217-9, "Option to Extend the Term of the Contract.”
Performance Period(s):
Base Year: Effective Date of Award (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
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Point of Acceptance: The point of acceptance for services is FMC Lexington
Non- Personal Services Information: This service is a contractual arrangement only 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 closely 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 Provider Status: The resultant contract is for a non-personal healthcare service provider. The contractor will be an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered. The contractor must indemnify the Government for any liability producing act of omission by the contractor, its employees and agents occurring during performance. The contractor must maintain medical liability insurance in the amount of $1,000,000 per occurrence/ $3,000,000 aggregate. Any subcontracts for the provision of services must contain the requirements of the clause at FAR 52.237-7, "Indemnification and Medical Liability Insurance," including the maintenance of medical liability insurance.
Medical Malpractice: Except as provided elsewhere in this contract, the contractor shall provide and maintain medical malpractice and such other insurance during the period of this 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 CM/COTR/COR 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 my 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 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 or 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 benefits 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".
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 contract will require contracted staff to operate a system of records and maintain documentation that will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards for adult health care. The contractor and/or staff are not authorized to disclose this or any information pertaining to an Adult in Custody (AIC) to any non-Bureau source. any request for such information shall be forwarded to the Contracting Officer or COR for proper disposition.
Reviews: The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of 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
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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 the Federal Medical Center (FMC) Lexington, 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 71; 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 may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FMC Lexington 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. Task orders will take the form of an OF-347 or SF-1449.
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;
(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 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.
Quoters should also note that clause DOJ-03, Personnel Security Requirements For Contractor Employees (Nov 2021); – Classified Information -- Cleared Contractors 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 FMC Lexington.
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 contract. This is a condition of the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens.
System of Records: Privacy Act Notification: The contract will require contract staff to operate a system of records documentation and will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards. The contractor and/or staff are not authorized to disclose this or any information pertaining to an adult in custody (AIC) to any non-BOP source. Any requests for such information shall be forwarded to the Program Manager for proper disposition.
Schedule of Insurance: In accordance with FAR 52.228-5 and 28.307-2, (a) Workers’ compensation and employer’s liability. Contractors are required to 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
15BFA025Q00000150 Page 16 of 70 contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at 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. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.). (b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.
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Section 3 - Contract Clauses
A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.
Clauses By Reference
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov
Clause Title Fill-ins (if applicable)
52.204-13 System for Award Management Maintenance (Oct 2018)
52.209-10 Prohibition on Contracting with Inverted Domestic
Corporations (Nov 2015)
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)
52.224-1 Privacy Act Notification (Apr 1984)
52.224-2 Privacy Act (Apr 1984)
52.228-5 Insurance-Work on a Government Installation (Jan
1997)
52.232-18 Availability of Funds (Apr 1984)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors (Mar 2023)
52.233-3 Protest after Award (Aug 1996)
52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
52.242-13 Bankruptcy (July 1995)
Clauses By Full Text
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52.216-18 Ordering (Aug 2020)
(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 option year through the last day of the current option year [insert dates].
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when--
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either--
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
52.216-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than deliverable as identified in the Schedule of Services [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of the estimated quantities in the Schedule of Items within the current option year [insert dollar figure or quantity];
(2) Any order for a combination of items in excess of the estimated quantities in the Schedule of Items within the current option year [insert dollar figure or quantity]; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in 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.
(End of clause)
52.216-21 Requirements (Oct 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by
15BFA025Q00000150 Page 19 of 70 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.
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