Prosthetics and Orthotics at the Federal Correctional Complex (FCC) Butner, NC

REQUEST FOR PROPOSAL This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice and is subject to the rules of FAR Part 12 and 15. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This notice constitutes solicitation RFPP01061300002 and is being issued as a Request for Proposal. This notice and any incorporated provisions include those in effect through Federal Acquisition Circular 2005-64. The applicable NAICS code for this acquisition is 621399 and the small business size standard is $7.0 million. This requirement is being issued as 100% small business set aside. Any questions concerning this solicitation should be submitted to Raymond Kelemencky, Contracting Officer, at 972-352-4529 or rkelemencky@bop.gov. The Federal Bureau of Prisons, Field Acquisition Office, Grand Prairie, Texas intends to establish a firm-fixed price indefinite-delivery, requirements type contract for the provision of Orthotics and Prosthetics Services to be rendered for the inmate population incarcerated at the Federal Correctional Complex (FCC) located in Butner, North Carolina. A description of the services required is attached to this posting and labeled as Attachment 001,Statement of Work. CONTRACT CLAUSES: 52.252-2 -- Clauses Incorporated by Reference (FEB 1998). A resultant contract will incorporate 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 FAR clause may be accessed electronically at this address: www.acquisition.gov. Full text copies of Justice Acquisition Regulation (JAR) clauses or BOP clauses may be requested in writing from the Contracting Officer. 52.212-4 Contract Terms and Conditions--Commercial Items (FEB 2012) with addendum to incorporate the additional clauses listed below into this solicitation and any resulting contract. 52.204-4 Printed or copied double-sided on recycled paper (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.223-5 Pollution Prevention and Right to Know Information (MAY 2011) 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) Workers compensation or Employers liability: $100,000; and Comprehensive General Liability: $500,000 per occurrence for bodily injury. 52.237-7 Indemnification and Medical Liability Insurance (37.403) (JAN 1997): $1,000,000 52.232-18 Availability of Funds (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) The following clauses will be incorporated into a resultant contract in full text with applicable fill-in information as noted: 52.216-18 Ordering (OCT 1995) - (a) from the first day of the effective performance period through the last day of the effective performance period 52.216-19 Order Limitations (OCT 1995) - (a) less than one session; (b) (1) the estimated quantities identified in the Schedule of Items within the current performance period; (b) (2) the estimated quantities identified in the Schedule of Items within the current performance period; (b) (3) 30 days; (d) 5 days 52.216-21 Requirements (OCT 1995) - (f) after the last day of the effective performance period 52.217-8 Option to Extend Services (NOV 1999) prior to the expiration of the current performance period 52.217-9 Option to Extend the Term of the Contract (MAR 2000) - prior to expiration of the current performance period; 60 days; but excluding the exercise of any option under the clause at 52.217-8 which is also incorporated into this contract, shall not exceed five (5) years. 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) - beyond September 30th of the Base year or any option year exercised; beyond September 30th of the Base year or any option year exercised. 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) (a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Representative (COR) as potentially hazardous and requiring safety controls. (b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of the hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure. (c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working. (d) if during the performance of the work under this contract, the contractor or any of its employees, or subcontractors employees, discover the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition. (e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract. (f) Nothing contained in this clause shall relieve the contractor or subcontractor 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. 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 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 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 a. 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; 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) 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). b.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; 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: FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf 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. 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. 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. 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. 52.27-103-72 DOJ Contractor Residency Requirement (JUN 2004): For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under the contract or commitment, individuals or contractor employees providing services must have: 1. Legally resided in the United States (U.S.) ; 2. Worked for the U.S. overseas in a Federal or military capacity; 3. Been a dependent of a Federal or military employee serving overseas. If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provided current information regarding allied countries: http://www.opm.gov/employ/html/citizens.htm. By signing this agreement/commitment document, or by commencing performance, the contractor agrees to this restriction. 52.242-1502 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. 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) 52.218-000 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (MAY 2008) During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are: - Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. - Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option. - Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency. - Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency. - Establish communication processes to notify employees of activation of this plan. - Integrate pandemic health crisis response expectations into telework agreements. - With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate. - Determine how all employees who may telework will communicate with one another and with management to accomplish work. - Practice telework regularly to ensure effectiveness. - Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties. - Identify how time and attendance will be maintained. It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations. The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations. [End of Clause] 52.252-6 Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Justice Acquisition Regulation (48 CFR Chapter 28) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 52.232-99 Providing Accelerated Payment to Small Business Sub-contractors (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of Clause) 2852.201-70 Contracting Officer's Technical Representative (COTR) (Jan 1985) (a) Ms. Janet Bunts, at FCC Butner, Old Highway #75, Butner, NC 27509, Telephone No. 919-575-3900, is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract. (b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment. (c) The COTR does not have the authority to alter the contractor's obligation under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes. (End of Clause) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2013)- (b) 1, 6, 12, 14, 26, 28-34, 38, 42, 47. OTHER CONTRACT TERMS AND CONDITIONS: Type of Contract: A resultant contract will be an indefinite delivery/requirements type contract with firm-fixed unit pricing. It is anticipated that a contract award resulting from this solicitation will be made on or about April 1, 2013. Performance Period: The periods of performance of the resulting contract shall be Base Year - Date of Award (DOA) thru 12 months from DOA; Option Year 1 - 13 months through 24 months from DOA, Option Year 2 - 25 months through 36 months from DOA, Option Year 3 - 37 months thru 48 months from DOA, Option Year 4 - 49 months through 60 months from DOA. The contractor shall commence performance of services by submitting information to initiate security clearance procedures within 10 calendar days from date of award of the contract. In accordance with FAR 46.503 and 46.403(a) (6), the place of acceptance for services under this contract is FCC Butner, located in Butner, North Carolina. Ordering Official: Ordering Official: Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for the FCC with an appropriate certificate of appointment or a delegation of authority for purchase card acquisitions. Task orders issued under the resulting contract will take the form of a BOP purchase request, purchase order, or purchase card acquisition form. Task orders may be mailed, faxed, or emailed to the Contractor. Security and Investigative Requirements: The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the institution. Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract. Contractor employees are allowed access to the institution at the sole discretion of the Warden of the institution. The program manager at FCC Butner is responsible for conducting the appropriate law enforcement checks on all contractor staff that may need access inside the prison facility. The following investigative procedure will be performed: 1). National Crime Information Center (NCIC) check; 2). DOJ 99 (Name Check); 3). FD 258 (fingerprint check); 4). Law Enforcement Agency checks; 5). Vouchering of Employers; 6). Resume/Personal Qualifications; 7). OPM 329 A (Authority for Release of Information); 8). National Agency Check and Inquiries (NACI) check (if applicable); and 9). Urinalysis Test (for the detection of marijuana and other drug usage) By submitting an offer for service, the contractor and its employees agree to complete the required documents and undergo the listed procedure. An individual who does not pass the security clearance will be unable to enter the BOP facility. Any individual employed by the contractor who is deemed not suitable by the BOP 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. In addition, each contractor employee must attend an orientation program at the institution. The purpose of this program is to familiarize contractor employees with institution operations, the institution, and general rules of conduct and procedures inside the institution. Contractor employees shall adhere to all institution regulations regarding conduct and performance. Contractor employees will be allowed access to the institution at the sole discretion of the Chief Executive Officer (CEO). Any individual performing under this contract may be removed if it becomes apparent that his/her conduct does not reflect the conduct of that prescribed for those people performing under non-personal service contracts. Privacy Act Notification: A resultant contract will require contracted staff to operate a system of records and maintain documentation that will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards. The contractor and/or staff are not authorized to disclose this or any information pertaining to an inmate to any non-BOP source. Any requests for such information shall be forwarded to the Contracting Officer for proper disposition. Disclosure of this information may be made by the BOP to: fiscal intermediaries; the Office of Workers' Compensation Programs, Department of Labor; the Department of Justice for their representation of the United States; and for Congressional inquiry; quality assessment; medical audit or utilization review; billing third parties for the payment of care; analytical and evaluation studies; to federal or state agencies as required by law; and research purposes supported by the BOP. Disclosure of the appropriate medical record information without prior consent of the subject patient may be made by you to: another provider of health care treating the same patient; a federal or state agency as required by law such as the reporting of communicable diseases, births, deaths, or the commission of crimes (e.g., gunshot wounds, rape, child abuse or neglect, alcohol or drug abuse, etc.); designated fiscal intermediaries; and billing third parties for the payment of care not reimbursed by the BOP. The contractor must forward all other requests for information to the Contracting Officer or Contracting Officer's Representative (COR). Non-personal services: A resultant contract will be a non-personal services contract, as defined in FAR 37.101, under which the contractor is an independent contractor. Award of a contract does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters; however, contractor performance shall be closely monitored to ensure contract compliance. The resulting contract shall be a nonpersonal health care services contract, as defined in Federal Acquisition Regulations (FAR) 37.101, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The contractor shall indemnify the Government for any liability producing act or omission by the contractor, it's employees and agents occurring during contract performance. The contractor shall maintain medical liability insurance as specified in this solicitation/contract. The contractor shall ensure that its subcontracts for provision of health care services contain the requirements of the clause at FAR 52.237-7, including the maintenance of medical liability insurance. Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed, or (2) until 30 days after insurer or the contractor gives written notice to the Contracting Officer, whichever period is longer. 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 services rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the Bureau of Prisons. 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. Pricing Methodology: Price proposals will be calculated from benchmarks utilizing Medicare reimbursement methodologies. For the category of service to be provided, offerors will be allowed to propose a variance from the benchmark Medicare rate in the form of a discount from or a premium to Medicare rates established by the Centers for Medicare and Medicaid Services. The rates established in the resulting contract shall not be construed as participation in the Medicare program; contract rates will merely be equated to Medicare rates of reimbursement without reductions for deductibles, copayments, or co-insurance. This structuring of the pricing methodology is not intended to be restrictive of any offeror; offerors need only to propose that percentage discount from or premium to the Medicare benchmark rate which will reflect the desired level of payment for the category of services rendered. If during contract performance, it is determined that a necessary contract deliverable is not covered by Medicare reimbursement methodologies, a separate rate shall be negotiated for such deliverable(s). Medicare Part B - The Medicare benchmark to be utilized for all services covered by Medicare Part B shall be those rates established in the most current Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Fee Schedule for the State of North Carolina. Offerors may propose a discount from or a premium to the benchmark charges. The estimated quantity of service required is not a representation to an offeror or contractor that the estimated quan...