SOLICITATION_OAKDALE_.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

RE: 15B51821Q00000016, Mobile Imaging Services Federal Correctional Complex (FCC) Oakdale, LA

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Mobile Imaging Services for the FCC located in Oakdale, Louisiana. This package contains all necessary information to submit a quote.

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

All potential quoters are advised that this solicitation includes the provision at FAR 52.204-7 System for Award Management (SAM) which requires that an offeror be registered in SAM when submitting an offer or quote and continue to be registered throughout the duration of the contract. Quoters should include their Data Universal Number System (DUNS) number in their quotes. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees DUNS number into the SAM database.

Quotes shall be received on or before the deadline of Monday, August 16, 2021, at 10:00 a.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 concerning this solicitation in writing via email to llwheeler@bop.gov.

Sincerely, LaQueta Wheeler

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15B51821Q00000016

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/30/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LaQueta Wheeler, llwheeler@bop.gov

b. TELEPHONE NUMBER (No collect calls)

972-352-4536

8. OFFER DUE DATE / LOCAL

TIME

08/16/2021 10:00 am CT

CODE 15BFA0

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 621512

SIZE STANDARD: $16,500,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B518CODE15. DELIVER TO

Federal Bureau of Prisons FCI Oakdale

EAST WHATLEY ROAD

OAKDALE, LA 71463

CODE 15B51816. ADMINISTERED BY

Federal Bureau of Prisons FCI Oakdale

EAST WHATLEY ROAD

OAKDALE, LA 71463

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B518CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCI Oakdale

EAST WHATLEY ROAD

OAKDALE, LA 71463

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provision of Mobile Imaging Services in accordance with the Statement of Work for the Federal Correctional Complex Oakdale, LA.

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

LaQueta Wheeler

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212Page 1 of 47

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Year: 10/01/2021 - 09/30/2022 Magnetic Resonance Imaging (MRI) Scans Estimated Maximum.

Firm Fixed Price

PSC: Q522

10 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Base Year: 10/01/2021 - 09/30/2022 Computed Tomography (CT) Scans Estimated Maximum.

Firm Fixed Price

PSC: Q522

10 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Base Year: 10/01/2021 - 09/30/2022 Ultrasound Scans (US) Estimated Maximum.

Firm Fixed Price

PSC: Q522

150 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Option Year 1: 10/01/2022 - 09/30/2023 Magnetic Resonance Imaging (MRI) Scans Estimated Maximum.

Firm Fixed Price

PSC: Q522

10 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Option Year 1: 10/01/2022 - 09/30/2023 Computed Tomography (CT) Scans Estimated Maximum.

Firm Fixed Price

PSC: Q522

10 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Option Year 1: 10/01/2022 - 09/30/2023 Ultrasound Scans (US) Estimated Maximum.

Firm Fixed Price

PSC: Q522

150 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Option Year 2: 10/01/2023 - 09/30/2024 Magnetic Resonance Imaging (MRI) Scans Estimated Maximum.

Firm Fixed Price

10 EA $________ $_________________

PSC: Q522

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Option Year 2: 10/01/2023 - 09/30/2024 Computed Tomography (CT) Scans Estimated Maximum.

Firm Fixed Price

PSC: Q522

10 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Option Year 2: 10/01/2023 - 09/30/2024 Ultrasound Scans (US) Estimated Maximum.

Firm Fixed Price

PSC: Q522

150 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Option Year 3: 10/01/2024 - 09/30/2025 Magnetic Resonance Imaging (MRI) Scans Estimated Maximum.

Firm Fixed Price

PSC: Q522

10 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Option Year 3: 10/01/2024 - 09/30/2025 Computed Tomography (CT) Scans Estimated Maximum.

Firm Fixed Price

PSC: Q522

10 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Option Year 3: 10/01/2024 - 09/30/2025 Ultrasound Scans (US) Estimated Maximum.

Firm Fixed Price

PSC: Q522

150 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Option Year 4: 10/01/2025 - 09/30/2026 Magnetic Resonance Imaging (MRI) Scans Estimated Maximum.

Firm Fixed Price

PSC: Q522

10 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Option Year 4: 10/01/2025 - 09/30/2026 Computed Tomography (CT) Scans Estimated Maximum.

Firm Fixed Price

PSC: Q522

10 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Option Year 4: 10/01/2025 - 09/30/2026 Ultrasound Scans (US) Estimated Maximum.

150 EA $________ $_________________

Firm Fixed Price

PSC: Q522

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

SECTION 2.1 – PRICING METHODOLOGY

The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Contract pricing shall include all charges to the Government for providing the services required by this solicitation.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options. The Government will evaluate quotes for award purposes by adding the total price of all options to the total price of the base year requirement. Pursuant to FAR 17.203(d), the quoters may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

SECTION 2.2 – STATEMENT OF WORK

Subject

The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to make a single award indefinite delivery/requirements contract with firm-fixed unit prices for the provision of Mobile Imaging Services for the Health Services Department as prescribed in the description of duties listed below to the inmate population of the Federal Correctional Complex (FCC) Oakdale, Louisiana. The Government reserves the right to award without discussion and to award as a single award. Therefore, each initial quote should contain the quoter’s best terms from a cost or price standpoint.

Place of Performance

The services will be performed at the Federal Correctional Complex (FCC), 1507 East Whatley Road, Oakdale, Louisiana 71463. The FCC includes the Federal Correctional Institution I(FCI I). Federal Correctional Institution II (FCI II), and Federal Prison Camp (FPC). .

Description of Duties

The services will be provided to inmates in the custody of the Bureau of Prisons. There will be an estimated four (4) visits per 12 month contract period. Services will be provided for an estimated 12 inmate patients during each visit.

The contractor will be on site for an estimated total of 8 hours. The Contractor must have the ability to work with an inmate population from a variety of cultural, regional, racial, and ethnic backgrounds. The contractor(s) shall be responsible for, but not limited to providing:

Provide and perform mobile radiology services to include Magnetic Resonance Imaging (MRI), Computed Tomography (CT), Ultrasound Scan (US) procedures for the inmate population at FCC Oakdale.

The contractor is responsible for submitting written reports, evaluations, and/or plans of treatment for all patients evaluated. These reports will be in typewritten form, verified by the contractor’s signature. The contractor shall FAX the reports to the institution within 48 hours. Completed films and the final reports will be sent by express delivery/courier service, at the contractor’s expense, to the institution, within 72 hours after the scans. All medical records remain the property of the Bureau of Prisons.

The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspect of services rendered (professional judgments, diagnosis for specific medical treatment).

The contractor will be responsible for equipment transportation, delivery and setup, complete maintenance/service coverage on all equipment.

The contractor will be responsible for all cost of all services, including, without limitation, the cost of all services, regardless of the number of exams.

The contractor will maintain medical liability insurance, in an amount not less than the amount normally prevailing within the local community of Oakdale, Louisiana, for MRI/CT/US services.

The contractor will provide a dedicated/qualified Certified Technologist(s) and a driver to come to the institution.

All personnel entering this institution must pass a security clearance prior to entering the facility. The contractor will adhere to all regulations prescribed by the institution for safety, custody, and conduct of inmates.

Health Requirements

The contractor shall ensure their employee is free of infectious diseases. Any individual performing services under this contract who subsequently develops a medical condition which might reasonably be expected to place other workers, patients, or the public at rick shall be immediately removed from activities requiring performance of invasive procedures and activities which might reasonably be expected to place other workers, patients or the public at risk. In any such case, the contractors(s) shall be responsible, at no additional cost to the institution, for securing the services of any replacement personnel required to perform this contract.

The contractor will be required to submit to testing for/or provide evidence acceptable to the clinical director of recent testing for tuberculosis of other communicable diseases. The contractor will also provide proof of an annual influenza vaccine or declination. Additionally, the contractor will provide Hepatitis B Vaccine or proof of immunity.

The contract employee will be required to submit to the Flu vaccine. Failure to submit to testing for or providing acceptable evidence of recent testing for or immunity to selected communicable diseases shall be grounds for denying access to inmates. The contract employee shall immediately inform, in writing the Health Services Administrator or Assistant Health Services Administrator, the Contracting Officer Representative (COR) and Contract Administration Officer, any adverse action taken by any regulatory body involving certifications. This includes, but is not limited to, suspensions, revocations, restrictions on licensure.

Schedule

The contractor shall provide various mobile imaging services on a quarterly basis (at least 4 times per year), depending on the need of FCC Oakdale. The schedule will be determined by FCC Oakdale. The number of inmates examined per session is subject to vary (generally around 12 inmates) for each visit depending upon the need of FCC Oakdale. The work schedule will normally occur Monday through Friday, scheduled in advance, between the hours of 7:30 a.m. and 4:00 p.m., excluding Federal Holidays. These hours may be adjusted to meet the variable needs of FCC Oakdale and the unpredictable nature of the correctional environment. Specific dates and times of sessions will be determined mutually between the contractor and the Government.

Due to the nature of the correctional setting, delays in performance of work may be expected. Such delays may include, but are not limited to inclement weather, electrical or mechanical problems, or other security matters. When a contractor reports to the institution, but is unable to perform services due to such delays, the contractor will be entitled to compensation for time. The contract Administration Office shall be responsible for negotiating fair and reasonable payment. In the event it becomes necessary for the Government to cancel a scheduled visit, FCC Oakdale will make every effort to provide the contractor with 48 hour written or verbal notification prior to cancelling the visit. When advance notification is provided, the Government will not be subject to payment for cancelled visits.

The contractor will ensure the mobile unit is adequately staffed for each visit in order to provide the services in a timely and efficient manner.

Supplies/Equipment

The contractor will supply MRI, CT, and US units, films, and all supplies/equipment needed for film processing and contract performance. Note: The contractor will be required to provide its own source of electrical power (generator etc.) as a power source will not be available on site. Any other supplies required for the performance of this contract will be provided by the Government, through the Health Services Department. All records maintained by the contractor under this contract will remain the property of the institution.

Uniform Requirements

The contractor must wear appropriate and professional attire at all times. The contractor is responsible for providing his/her own smocks, laboratory coats, and surgical scrubs and must be consistent with those worn in the local community. The contractor is prohibited from wearing Khaki or any color similar to Khaki due to Khaki being the primary color worn by inmates. The contractor is prohibited from wearing light colored smocks, scrubs, laboratory coats, and surgical scrubs so no under garments could be inadvertently revealed.

Qualifications and Certifications

The individuals/organization providing MRI, CT, and US services under this contract award will ensure they have a competent, licensed, board certified radiologist interpreting the MRI/CT/US films. The Contractor will then provide annually to the institution, in writing, that there is a peer review process to ensure the radiologist’s continued competency. The Contractor must also be certified in Cardio-Pulmonary Resuscitation in accordance with the American Red Cross or American Heart Association and provide a copy of his/her certification. The individual must have experience with medical equipment.

The Contractor will be required to submit a detailed resume with their quote. The qualified individual selected to perform these services on behalf of the Contractor must be identified at the time the quotation is submitted. Failure to submit evidentiary documentation of certifications, qualification, or the name of a qualified candidate who will perform these services may result in elimination from consideration for award.

The Contractor must specifically identify the contractor employees that will be performing these services under any subsequent contract award. The Contractor must provide proof that their candidate meets all qualifications. The candidate’s name and qualifications must be submitted at the time the quote is submitted. Contractor must submit with their quote a resume, photocopies of documents evidencing education, license, and training.

Physical Demands

The physical demands of this service are sedentary in nature, however, walking, standing, and sitting are required to accomplish the assigned duties. Occasionally the contract provider will be required to lift boxes and equipment.

Method of Performance

The services to be provided are professional in nature, and will be commensurate with The AAAHC standards of care. The methods utilized will meet medical practices established in the local community. These services, although not directly supervised, will be reviewed periodically be a physician or staff at the Federal Correctional Complex, Oakdale, Louisiana.

The performance of these services will be monitored by the Contracting Officer Representative (COR). The Clinical Director and/or Bureau of Prison’s (BOP) Physician(s) will retain professional responsibility for all patients referred to medical.

Patient Management

The contractor will be responsible for receiving patients and explaining procedures to alleviate undue anxiety, submitting reports and evaluations as requested. The contractor will be responsible for following directives and comply with Bureau of Prison’s Health Services Manual, FCC Oakdale institutional mandates and the Health Services Unit’s policies in the management of all patient encounters. Provision of services will require frequent and unsupervised contact with inmates. The contractor will not be responsible for the management of inmates other than to insure those inmates involved in activities within the contractor's scope of work shall abide by all rules in effect to insure their safety and well-being. The contractor may, at any time, be removed from the institution at the discretion of the CEO.

Patients shall be afforded impartial access to treatment or accommodations that are available or medically indicated, regardless of race, creed, sex, national origin, or religion. The contractor shall NOT provide information to the inmates(s). If the situation arises where inmates(s) are required to be provided information, the Clinical Director (CD), Health Services Administrator (HSA), or COR shall provide any information the inmate(s) are to receive. The contractor is required to maintain an open line of communication with the CD, HSA, and COR.

Inmate Management

Provision of services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract’s scope of work abide by all rules to ensure their safety and well-being. The successful contractor shall attend the Institution Familiarization Orientation program prior to assuming institution involvement. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The contractor may, at any time, be removed from the institution at the discretion of the CEO. The contractor is to be constantly aware of security and maintain a professional relationship with inmate at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government staff employed at the Federal Correctional Complex. The contractor will be required to provide documentation to COR, or designee, of any infractions of institutional rules and regulations by inmates for proper action.

Institutional Security

The Contractor agrees to adhere to all regulations prescribed by the institution for the safety, custody and conduct of inmates. The contractor shall attend an orientation program prior to assuming institutional involvement.

Reimbursement to the contractor for time spent in institutional security orientation or other periodic security training, will be at the contract rate, prorated hourly. The contractor shall be required to complete the special security requirements listed in Section A. 17 Contract Security (3000.02 Personnel Manual), of this Contract/Solicitation document. The resultant contract will require the contractor to operate a system of records as identified for medical treatment documentation, and will require adherence to the Privacy Act of 1974.

The successful contractor shall attend the Institution Familiarization Orientation program prior to assuming institution involvement. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The contractor is to constantly be aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed at the institution. The contractor will be required to provide documentation to the COR, or designee, of any infractions of institutional rules and regulations by inmates for proper action.

Restrictions on Contract Workers

The Contractor shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisitions, sign for, or pickup supplies, formulate policy or procedures, or attend meetings, recalls, or staff functions.

END OF STATEMENT OF WORK

SECTION 2.3 – SPECIAL COANTRACT 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 September 2021 and with an anticipated effective date of award (EDOA) of October 1, 2021. On or about the EDOA, FCC Oakdale will issue a task order to the contractor. The contractor shall commence full performance of services on the EDOA.

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

Performance Periods:

Base Year: October 1, 2021 to September 30, 2022;

Option Year 1: October 1, 2022 to September 30, 2023;

Option Year 2: October 1, 2023 to September 30, 2024;

Option Year 3: October 1, 2024 to September 30, 2025;

Option Year 4: October 1, 2025 to September 30, 2026.

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

Non-Personal Services Information: This service is a contractual arrangement and not a personnel appointment.

Payment is based on the provision of an end product or the accomplishment of a specific task. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored.

Healthcare Providers: The resulting 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.

Reviews: The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

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

Medical Malpractice: Except as provided elsewhere in this 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 HSA and CO within five calendar days upon official notification.

If it is determined by the medical legal review that the standard of care has not been met or there is substantial evidence of negligence on the part of the Contractor or contract employee, regardless of the final judicial decision, the physician may lose his/her privileges to practice at the BOP.

Quality of Patient Care/Non-Discrimination: The professional service providers will provide Bureau patients under the terms of this contract the same or equal services to those provided to non-Bureau patients. Professional service providers shall be provided within accepted professional standards.

The contractor agrees to make no distinction among patients under this contract on the basis of race, color, creed, national origin, or physical condition. For this contract, distinctions on the grounds of race, color, creed, national origin, or physical condition include but are not limited to the following: denying any service or benefit; providing any service or benefit to a patient which is different; or if provided in a different manner or at a different time from that provided to other patients under this contract; subjecting a patient to segregation or separate treatment in any manner related to his receipt of any service; restricting a patient in any way in the enjoyment of an advantage or privilege enjoyed by others in determining whether he satisfies any admission, enrollment quota, eligibility, membership or other requirement or condition which an individual must meet in order to be provided any service or benefit; the assignment of time or places for the provision of services on the basis of race, color, creed, or national origin of the patients served.

Third Party Liability: Public Law 87-693 (42 U.S.C. 2651) provides that the United States shall be entitled to recover the reasonable value of hospital and medical care and treatment furnished or to be furnished to a person who suffers any injury or disease under circumstances indicating the potential legal liability of another person. This other person is commonly referred to as the "third party" since his/her negligent act or failure to act caused an injury or disease to the "first party" requiring medical treatment by or at the expense of the United States, the "second party".

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.

Authorized Ordering Officials: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FCC Oakdale with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally, by facsimile, mail, or electronic commerce methods. "OF-347, SF-1449, or purchase card acquisition form" will be used as the task order.

Statement of Equivalent Hires: The applicable fill in information for FAR 52.222-42, Statement of Equivalent Hires (May 2014) is as follows: Truck Driver, Heavy Code 31363 - $27.57 plus benefits; Radiologic Technologist, Code 12305 - $22.82 plus benefits. As stated in the contract clause, this is for information purposes only.

Department of Labor Wage Determination: The applicable DOL Wage Determination for this procurement has been determined to be Wage Determination No. 2015-5197. The current revision of the determination is attached http://www.bop.gov/ for informational purposes.

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

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

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

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

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

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

(10) Credit Check, if applicable;

(11) Urinalysis, if applicable.

Quoters should also note that contract clause 52.24-403-70, Notice of Contractor Personnel Security Requirements (Oct 2005) requires that contractor personnel have a “favorable credit report.” Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to FCC Oakdale.

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), the Contractor shall comply with all applicable Federal, State, and local laws for the requirements of maintaining applicable insurance coverage.

SECTION 3 – CONTRACT CLAUSES

ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4, Contract Terms and Conditions – Commercial Items.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquistion.gov/far

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

FAR 52.216-18, ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the current performance period through the last day of the current performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than deliverable as identified in Schedule of Services, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of the estimated quantities in the Schedule of Items within the current performance period; or

(2) Any order for a combination of items in excess of the estimated quantities in the Schedule of Items within the current performance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal http://www.acquistion.gov/far

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

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

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

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

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

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

(End of Clause)

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

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

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

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

(End of Clause)

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

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

(End of Clause)

DOJ 52.24-403-70 NOTICE OF CONTRACTOR SECURITY REQUIREMENTS (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

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

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

• High Risk - Background Investigation (5 year scope)

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

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, if required;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

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

above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period.

This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

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

3. Intermittent Contractors:

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

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

b. Contractors requiring intermittent access should follow the Department's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.

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

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

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

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

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

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

Notes:

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

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

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

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

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

[End of Clause]

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

OTHER NATIONAL EMERGENCY (MAY 2008)

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

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.