Solicitation_Lexington.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division Field Acquisition Office

Grand Prairie, Texas 75051

Request for Quote 15BFA024Q00000007 Blood Supply & Transfusion Services Federal Medical Center (FMC) Lexington, Kentucky

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Blood Supply & Transfusion Services for the FMC located in Lexington, Kentucky. 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 Unique Entity Identifier (UEI) number in their quote.

The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees UEI number into the SAM database.

Quotes shall be received on or before the deadline of Friday, April 19, 2024, at 1:00 p.m.

Central Time. 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 concerned with this solicitation in writing via email to the email below.

Sincerely, LaQueta Wheeler LaQueta Wheeler Contracting Officer Federal Bureau of Prisons Field Acquisition Office General Contracting Section 346 Marine Forces Drive Grand Prairie, Texas 75051 Telephone: 972-352-4536 Email: llwheeler@bop.gov mailto:llwheeler@bop.gov mailto:llwheeler@bop.gov tel:9723524536

15BFA024Q00000007 Page 1 of 57

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15BFA024Q00000007

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/01/2024

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

04/19/2024 01:00 PM 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):

621991

SIZE STANDARD:

$40.0

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

15B109CODE15. DELIVER TO

Federal Bureau of Prisons FMC Lexington

3301 LEESTOWN RD

Lexington, KY 40511

CODE 15B10916. ADMINISTERED BY

Federal Bureau of Prisons FMC Lexington

3301 LEESTOWN RD

Lexington, KY 40511

FACILITY

CODE

CODE

TELEPHONE 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

The Contractor shall provide Blood Supply and Transfusion Services at the Federal Medical Center (FMC) located in Lexington, Kentucky in accordance with the Statement of Work.

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)

LaQueta Wheeler

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

15BFA024Q00000007 Page 2 of 57

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

15BFA024Q00000007 Page 3 of 57

Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule

2.1 Scheduled Continued, SOW, and Special Contract Conditions 2 Contract Clauses

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-13 System for Award Management Maintenance (Oct 2018) 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) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 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) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020) 2852.201-70 Contracting Officer's Representative (COR) (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-04 Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking

(DEC 2014)

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) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2023)

3 List of Attachments 4 Solicitation Provisions

15BFA024Q00000007 Page 4 of 57

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Base Year May 1, 2024 - April 30, 2025

Blood Supply & Transfusion Services

Estimated Maximum.

PSC: Q999

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0002 Option Year 1 May 1, 2025 - April 30, 2026

Blood Supply & Transfusion Services

Estimated Maximum.

PSC: Q999

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0003 Option Year 2 May 1, 2026 - April 30, 2027

Blood Supply & Transfusion Services

Estimated Maximum.

PSC: Q999

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0004 Option Year 3 May 1, 2027 - April 30, 2028

Blood Supply & Transfusion Services

Estimated Maximum.

PSC: Q999

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES EST.

QUANTITY

UNIT UNIT PRICE AMOUNT

0005 Option Year 4 May 1, 2028 - April 30, 2029

Blood Supply & Transfusion Services

Estimated Maximum.

PSC: Q999

12 MO $________ $_________________

2.1 Scheduled Continued, SOW, and Special Contract Conditions

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

15BFA024Q00000007 Page 5 of 57

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

Introduction

The Field Acquisition Office plans to make an award to a single responsible entity for the provision of Blood Supply and Transfusion services. The Federal Medical Center (FMC) Lexington requires blood supply and transfusion services for current inmate medical missions. The primary duties will be performed at off-site reference laboratories. Services will include specimen pick-up, blood component drop-off, performing and resulting of testing, and access to laboratory reports. The physical address is 3301 Leestown Road, Lexington, KY 40511.

This will be a contractual agreement between the contractor and the Federal Government and does not establish an employer/ employee relationship. The contractor must achieve a particular result without supervision, according to the Statement of Work (SOW), within the contractor’s own determination. The contractor is required to perform all tasks outlined in the Statement of Work consistent with Laboratory Professional Standards and Bureau of Prisons Policy.

Payment will be based upon the provision of an end product or the achievement of a specific result. The contractor will not fall under Government supervision, however, monitoring will be provided by the Contracting Officer Representative (COR).

Background

The FMC Lexington is a Federal Bureau of Prisons facility that provides a medical mission for federal inmates. In meeting the medical needs of the inmate population, FMC Lexington provides essential medical care which includes laboratory services. When laboratory tests ordered fall outside the capabilities of our existing laboratory, reference laboratories become necessary to provide blood supply and transfusions ordered by physicians. It is the goal of the solicitation to establish a contractual agreement that will provide the necessary laboratory testing services for inpatient and outpatient encounters.

The FMC Lexington intends to make a single award to a responsible entity for the provision of reference laboratory testing (blood supply/blood bank reference laboratory services) as set forth in this solicitation/contract. In evaluating quotes, the Government will evaluate the accreditation standing of the proposed community-based reference laboratories (blood supply/blood bank reference laboratory services), in addition to other factors. Laboratories must currently hold Association for the Advancement of Blood and Biotherapies (AABB) accrediting certificate.

Scope

The contractor will be responsible for the following provisions:

• Provide a Transfusion Service to include supply of blood, components, and related services. The Transfusion Service is required on a 24-hour basis. Services must be provided within the same day of the request, unless otherwise arranged.

STAT work-ups may occasionally be required with a 2-4 hour turn-around time for component delivery. Blood will routinely be issued from 7:00 am – 4:30 pm, Monday – Friday. On occasion, arrangements will be made to issue blood outside those times.

15BFA024Q00000007 Page 6 of 57

• Transfusion Service will manufacture its blood and components and will perform testing in accordance with all applicable laws and regulations, including Title 21 of the Code of Federal Regulations, AABB Standards for Blood Banks and Transfusion Services and applicable provisions of Title 42 of the Code of Federal Regulations.

• Make the following information/reports available:

• Copies of the Circular of Information, at least annually or upon any revision of said circular.

• Notification of receipt of blood product(s) from a donor who subsequently tests confirmatory positive for viral marker tests for: HIV, HTLV, Hepatitis B, Hepatitis C, or WVN or as otherwise required by regulations issued by the Food and Drug Administration or other applicable law.

• Notification of receipt of blood product(s) that are subsequently found to meet FDA qualifications for recall.

Upon request the blood center’s reference laboratory will perform compatibility testing. Upon completion of compatibility testing, each product requested will be labeled by the blood center reference laboratory with a tie tag, identifying the patient/recipient information and the product information. The results of serologic testing will be indicated as compatible or incompatible.

Schedule

Courier pick-up days and times will vary to meet the needs of the FMC Lexington patient need. Routine and STAT pick-up of specimens will be required seven days a week, 24 hours a day. However, most routine testing will initially be scheduled for Monday through Friday. The scheduled days are subject to change with the needs of the Government. The contractor is expected to have specimens picked up and dropped off by their courier service in the front lobby of the institution.

Qualifications

The contractor must possess the necessary skills, abilities, and accrediting certificates to perform reference laboratory testing for blood bank. It is the contractor’s responsibility to assure all of their employees meet all local, state, federal, and accrediting guidelines.

It is also the contractor’s responsibility to ensure their laboratories maintain all applicable accrediting (State & AABB) certificates.

Contractor must submit any relevant certifications with quotes.

Supplies

Within this service, the contractor will supply an avenue to access hard and/or electronic copies patient lab reports.

Inmate Management

Provisions of services under this contract will not require frequent or unsupervised contact with inmates as it is an offsite service. The contractor will not be responsible for the management of inmates.

Institution Security

The contractor agrees to adhere to all FMC Lexington regulations pertaining to the security, custody, and conduct of inmates.

Although provisions of this contract do not require the contractor to conduct testing within FMC Lexington, the contractor’s courier service will be expected to enter the front lobby to pick up and drop off specimens.

Pricing

Services shall be provided in accordance with commercial practices.

Additional Information

This is a contractual agreement and not an appointment. All duties outlined in the Statement of Work shall be performed in accordance with the standards and methods generally accepted with the Contractor’s field of expertise.

15BFA024Q00000007 Page 7 of 57

Payment shall be based on the accomplishment of specific results, and the results to be obtained shall be entirely within the contractor’s own unsupervised determination. In order to ensure accurate records of billing, the contractor must supply a monthly invoice/statement of service rendered.

Special Considerations

The contractor shall immediately inform the Contract Officer’s Representative (COR) in writing of any adverse action taken by any local, state, federal, or accrediting agency which affects the contractor’s licenses or certifications.

Any change to the scheduled times shall be requested in writing to the Government. The Government will review and evaluate the potential time change and notify the contractor In writing if the request shall be honored (approved/Disapproved). Solid waste removal schedules above are estimated and subject to an on-call basis as needed (the institution will be charged at the contract rat for each extra (on-call) pickup. The Government has the right to reduce the number of compactor pulls due to a recently established recycling program. The Government will be responsible for notifying the contractor of a reduced need, with a minimum of twenty-four (24) hours' notice before the scheduled time frame.

The contractor shall be responsible for the following:

Loading and unloading of the trash compactors.

It shall be the contractor's responsibility to operate the hauling of refuse and disposal of such in accordance with all local, county, state and federal regulations and restrictions. The Government shall have the right to inspect any disposal site where concerned refuse is disposed of without prior notification.

The contractor must be aware of the local weight restrictions, and the responsibility lies with the contractor to abide by these restrictions.

All refuse shall be directly hauled to a landfill. There are no salvage rights for the refuse. The contractor shall inform the Government of the landfill being used at all times.

The contractor shall provide a twenty-four (24) hour means of contact with a specified representative from the company. This person will be contacted in the event that there is a problem associated with the refuse disposal at the landfill.

All landfill charges are the responsibility of the contractor and will not be paid for by the Government.

Access to the institution grounds is restricted during periods of heavy fog. During periods of fog predictions, the contractor shall call the institution prior to making pickup to ensure that access will be granted.

The sealed self-contained compactor need to be hauled in a manner not to damage the compactors or its components. The contractor shall be responsible for disconnecting the hydraulic lines and reconnecting them once the full and emptied containers are exchanged.

The contractor shall be responsible for ensuring the doors are closed properly to prevent seepage from the container.

The contractor may occasionally be delayed access to the compactors, due to institution emergencies, other than fog.

The contractor must dispose all trash/waste in a class I disposal facility in accordance with all Federal, State, Municipal and local laws and regulations of the Environmental Protection Agency (EPA). Class I disposal facility refers to a sanitary landfill which serves a municipal, institution, and/or rural population and is used or to be used for disposal of domestic waste, commercial waste, institutional waste, municipal waste, demolition/construction waste, farming waste, discarded automobile tires and dead animals.

The contractor will own/supple the sealed self-contained compactors. The contractor is responsible for the maintenance of the sealed self-contained compactors.

Invoices

The contractor shall submit monthly invoices to the Accounting Office for payment. Each invoice shall include copies of individual weight tickets associated with each pickup.

15BFA024Q00000007 Page 8 of 57

Security

All contractor personnel entering the institution shall be required to present a photo identification in the form of a valid state driver's license or state issued ID card.

(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 2024 and with an anticipated effective date of award (EDOA) of May 1, 2024. On or about the EDOA, FMC Lexington 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 FAR 52.217-9, "Option to Extend the Term of the Contract.”

Performance Periods:

Base Year: May 1, 2024 to April 30, 2025;

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

Option Year 2: May 1, 2026 to April 30, 2027;

Option Year 3: May 1, 2027 to April 30, 2028;

Option Year 4: May 1, 2028 to April 30, 2029;

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

Non-Personal Status: The service is a contractual arrangement and not a personnel appointment. Payment is based on the provision of a specific result. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored.

Healthcare Providers: The resulting contract 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.

15BFA024Q00000007 Page 9 of 57

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 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".

Reviews/Records/Payments: 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.

Administrative Contracting Office (ACO): The Contracting Office at FMC Lexington 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.

Authorized Ordering Officials: 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. A Standard Form (SF) 1449 will be used as the task order.

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:

15BFA024Q00000007 Page 10 of 57

(1) National Crime Information Center (NCIC) check;

(2) Declaration of Federal Employment (OF-306);

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

(9) Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk);

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

Quoters should also note that contract clause DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) 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.

Schedule of Insurance: In accordance with FAR 52.212-4(q) and FAR 52.228-5, the Contractor shall comply with all applicable Federal, State, and local laws for the requirements of maintaining applicable insurance coverage to include, not limited to Workers’ Compensation and Employer’s Liability: no less than $100,000; General Liability: no less than $500,000 per occurrence;

Automobile Liability: at least $200,000 per person, Bodily Injury: $500,000 per occurrence; Property Damage: $20,000 per occurrence.

15BFA024Q00000007 Page 11 of 57

Section 2 - 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)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.204-13 System for Award Management Maintenance (Oct 2018)

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)

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023)

Clauses By Full Text

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 performance period through the last day of the current performance period [insert dates].

15BFA024Q00000007 Page 12 of 57

(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 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 performance period [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 performance period [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 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

15BFA024Q00000007 Page 13 of 57

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 [insert date].

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the expiration of the current performance period [insert the period of time within which the Contracting Officer may exercise the option];

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

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

Funds are not presently available for performance under this contract beyond September 30. 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, 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)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)

(a) “Unsafe condition” as used in this clause means the actual or potential exposure of Contractor or Government employees to a hazardous material.

(b) “Hazardous Material” as used in this clause includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract), any other potentially hazardous material requiring safety controls, or any other material or working condition designated as hazardous by the Contracting Officer's Representative (COR).

(c) 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

15BFA024Q00000007 Page 14 of 57 employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(d) Prior to commencement of work, Contractors are required to inspect for and report to the Contracting Officer 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.

(e) 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.

(f) 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.

(g) 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)

2852.201-70 Contracting Officer's Representative (COR) (NOV 2020)

(a) Mr./Ms. Heather Brown, Laboratory Supervisor of FMC Lexington , 3301 Leestown Road, Lexington, KY 40511 , (859) 255-6812 ext. 5579 , is hereby designated to act as Contracting Officer's Representative (COR) underthe resultant contract , for the period of May 1, 2024 - April 30, 2025 (specify the performance period of the contract that the designation covers).

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or another representative designated in writing by the Contracting Officer. The term “technical direction” includes, without limitation, the following:

(i) Receiving all deliverables;

(ii) Inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract;

(iii) Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily;

(iv) Evaluating performance of the Contractor; and

(v) Certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to issue direction that:

(i) Constitutes a change of assignment or work outside the contract specification/work statement/scope of work.

(ii) Constitutes a change as defined in the clause entitled “Changes” or other similar contract term.

(iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance;

(iv) Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract;

(v) Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

(vi) Interferes with the contractor's right to perform under the terms and conditions of the contract;

(vii) Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction of the COR. If, in the opinion of the Contractor, any direction by the COR or the designated representative falls outside the authority of (b) above and/or within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer.

(e) Failure of the Contractor and Contracting Officer to agree that technical direction is within the scope of the contract is a dispute that shall be subject to the “Disputes” clause and/or other similar contract term.

(f) COR authority is not re-delegable.

(End of Clause)

BOP 2852.242-71 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Representative (COR) and maintained in the contract file.

15BFA024Q00000007 Page 15 of 57

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR

3.908 & 52.203-17, and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

(End of Clause)

DOJ-02 Contractor Privacy Requirements (JAN 2022)

A. Limiting Access to Privacy Act and Other Sensitive Information

(1) Privacy Act Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984) and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.[1] Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

(2) Prohibition on Performing Work Outside a Government Facility/Network/Equipment

Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is specifically authorized within this contract, the Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or WaaS and Government information shall remain within the confines of authorized Government networks at all times. Any handling of Government information on Contractor networks or IT must be approved by the Senior Component Official for Privacy of the component entering into this contract. Except where remote work is specifically authorized within this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility; and Government information shall remain within the confines of authorized Government facilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless of remote work authorizations.

(3) Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

15BFA024Q00000007 Page 16 of 57

(4) Separation Checklist for Contractor Employees

The Contractor shall complete and submit an appropriate separation checklist to the Contracting Officer before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract.