15B40119R00000001-Solicitation_Attachment.pdf

15B40119R00000001 Attachment 1

ATTACHMENT 1

CONTRACT PRICING AND SUB-CONTRACT CERTIFICATION

Blocks 19 through 24 – Contract Pricing and Sub-Contract Certification

Overview

Services are required to be provided in accordance with the Performance Work Statement included in this solicitation/contract. Offerors are required to submit, as a part of their business proposal, a completed copy of Schedule of Items and Sub-Contract Certification.

Pricing Methodology

Except for services based on session rates, price proposals will be calculated from benchmarks utilizing Medicare reimbursement methodologies. For each 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 coinsurance. When appropriate, outlier payments calculated in accordance with Medicare reimbursement methodologies shall be made in recognition of extremely costly stays. The outlier payment shall be calculated based upon the defined benchmark and will consist of the operating portion only. 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 A. The Medicare benchmark to be utilized for all services covered by Medicare Part A shall be the most current Basic MS-DRG Payment (i.e., Operating Federal Rate) established for Core Based Statistical Area (CBSA) 16974, Chicago-Naperville-Arlington Heights, IL. The Basic MS-DRG calculation shall not include any provider-specific adjustments allowed under actual Medicare participation. Offerors may propose a discount from or a premium to Basic MS-DRG rates. (Refer to Attachment 5, Computation of Basic MS-DRG, of this solicitation.)

Medicare Part B Physician Services and Non-physician Services. The Medicare benchmark to be utilized for all physician and non-physician services covered by Medicare Part B shall be those rates established in the most current Medicare Part B Fee Schedule for Payment Locality 16, Chicago, Illinois. The benchmark charges shall be those established for participating providers. Offerors may propose a discount from or a premium to the benchmark charges.

Medicare Part B Facility Services (including hospital outpatient services and ambulatory surgicial centers). The Medicare benchmark to be utilized for all facility services covered by Medicare Part B shall be the most current APC and ASC rates calculated for CBSA 16974, Chicago-Naperville-Arlington Heights, IL. Offerors may propose a discount from or a premium to the benchmark charges.

Extended Stay Per Diem. Because of security concerns, the BOP prefers an inmate be released from the hospital in the shortest possible time. However, there are instances where an inmate may be determined to be medically ready for discharge by the attending physician but the inmate remains at the hospital for recuperation purposes. When this happens, the facility does not have an avenue to recoup the cost of an inmate staying in the hospital longer than what is medically necessary. The Extended Stay Per Diem rate allows the contractor to charge the Government a set amount per day for an inmate who remains in the hospital beyond what is medically necessary. The Extended Stay Per Diem rate shall begin at 12:01 am on the day following the physician’s release and shall continue until the inmate departs the hospital. The daily charge shall accrue based upon the inmate’s presence at the hospital at 12:01 am of each day. Any outlier payments calculated under the contract will not include any days/expenses paid under the Extended Stay Per Diem rate.

Estimated Quantities

Estimated quantities for the base year and all option years are detailed below. The estimated quantities provided are not a representation to the Offeror/Contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal.

Inpatient and Outpatient Facility and Physician Services

Base Year - Effective Date of Award (EDOA) through twelve (12) months from EDOA.

Inpatient Days: 87 days (estimated) Outpatient Days: 773 days (estimated) Extended Stay: 60 days (estimated)

Option Year 1 - Thirteen (13) months through twenty-four (24) months from EDOA.

Inpatient Days: 87 days (estimated) Outpatient Days: 773 days (estimated) Extended Stay: 60 days (estimated)

Option Year 2 - Twenty-five (25) months through thirty-six (36) months from EDOA.

Inpatient Days: 87 days (estimated) Outpatient Days: 773 days (estimated)

Extended Stay: 60 days (estimated)

Option Year 3 - Thirty-seven (37) months through forty-eight (48) months from EDOA.

Inpatient Days: 87 days (estimated) Outpatient Days: 773 days (estimated) Extended Stay: 60 days (estimated)

Option Year 4 - Forty-nine (49) months through sixty (60) months from EDOA.

Inpatient Days: 87 days (estimated) Outpatient Days: 773 days (estimated) Extended Stay: 60 days (estimated)

Outpatient Institution Services

Estimated quantities shall remain constant for the base year and all option years. For Medicare-based services, duration of visits is listed for informational purposes only, as contracted rates will be based upon the Medicare allowable per procedure performed. The Optometrist and Physical Therapist shall be paid based upon the provision of defined sessions. Note: Session-priced items which exceed the established session or are less than a full session shall be pro-rated to the nearest quarter hour.

Optometrist: Session duration 6 hours (approximate) Session quantity 24 per contract year

Ophthalmologist: Visit duration 6 hours (approximate) Visit quantity 24 per contract year

Orthopedic Surgeon: Visit duration 8 hours (approximate) Visit quantity 12 per contract year

Physical Therapist: Session duration 6 hours (approximate) Session quantity 156 per contract year

Psychiatrist: Visit duration 6 hours (approximate) Visit quantity 24 per contract year

Schedule of Items

Offerors shall complete the following Schedule of Items. All proposed pricing and participation targets will be evaluated in accordance with Federal Acquisition Regulation (FAR) 52.212-2, Evaluation - Commercial Items, and Attachment 4, Submission and Evaluation of Proposals, of this solicitation.

Base Year

Effective Date of Award (EDOA) through twelve (12) months from EDOA.

1a. Inpatient Facility Services: - __ Discount or + ___ Premium to Medicare Part A 1b. Outpatient Facility Services: - __ Discount or + ___ Premium to Medicare Part B

2a. Inpatient Physician Services: - __ Discount or + ___ Premium to Medicare Part B 2b. Outpatient Physician Services: - __ Discount or + ___ Premium to Medicare Part B

2c. Outpatient Institution Services:

2c1. Other Physicians: - __ Discount or + ___ Premium to Medicare Part B 2c2. Optometrist: $ _____________ per session 2c3. Physical Therapist: $ _____________ per session

3. Extended Stay Per Diem: $ _____________ per day

NOTE: IF OFFERING A VARIANCE FROM THE BENCHMARK MEDICARE RATE,

INSERT APPLICABLE "-/+" PERCENTAGE. IF NO VARIANCE, ENTER "0".

Option Year 1

Thirteen (13) months through twenty-four (24) months from EDOA.

1a. Inpatient Facility Services: - __ Discount or + ___ Premium to Medicare Part A 1b. Outpatient Facility Services: - __ Discount or + ___ Premium to Medicare Part B

2a. Inpatient Physician Services: - __ Discount or + ___ Premium to Medicare Part B 2b. Outpatient Physician Services: - __ Discount or + ___ Premium to Medicare Part B

2c. Outpatient Institution Services:

2c1. Other Physicians: - __ Discount or + ___ Premium to Medicare Part B 2c2. Optometrist: $ _____________ per session 2c3. Physical Therapist: $ _____________ per session

3. Extended Stay Per Diem: $ _____________ per day

Option Year 2

Twenty-five (25) months through thirty-six (36) months from EDOA.

1a. Inpatient Facility Services: - __ Discount or + ___ Premium to Medicare Part A 1b. Outpatient Facility Services: - __ Discount or + ___ Premium to Medicare Part B

2a. Inpatient Physician Services: - __ Discount or + ___ Premium to Medicare Part B 2b. Outpatient Physician Services: - __ Discount or + ___ Premium to Medicare Part B

2c. Outpatient Institution Services:

2c1. Other Physicians: - __ Discount or + ___ Premium to Medicare Part B 2c2. Optometrist: $ _____________ per session 2c3. Physical Therapist: $ _____________ per session

3. Extended Stay Per Diem: $ _____________ per day

NOTE: IF OFFERING A VARIANCE FROM THE BENCHMARK MEDICARE RATE,

INSERT APPLICABLE "-/+" PERCENTAGE. IF NO VARIANCE, ENTER "0".

Option Year 3

Thirty-seven (37) months through forty-eight (48) months from EDOA.

1a. Inpatient Facility Services: - __ Discount or + ___ Premium to Medicare Part A 1b. Outpatient Facility Services: - __ Discount or + ___ Premium to Medicare Part B

2a. Inpatient Physician Services: - __ Discount or + ___ Premium to Medicare Part B 2b. Outpatient Physician Services: - __ Discount or + ___ Premium to Medicare Part B

2c. Outpatient Institution Services:

2c1. Other Physicians: - __ Discount or + ___ Premium to Medicare Part B 2c2. Optometrist: $ _____________ per session 2c3. Physical Therapist: $ _____________ per session

3. Extended Stay Per Diem: $ _____________ per day

Option Year 4

Forty-nine (49) months through sixty (60) months from EDOA.

1a. Inpatient Facility Services: - __ Discount or + ___ Premium to Medicare Part A 1b. Outpatient Facility Services: - __ Discount or + ___ Premium to Medicare Part B

2a. Inpatient Physician Services: - __ Discount or + ___ Premium to Medicare Part B 2b. Outpatient Physician Services: - __ Discount or + ___ Premium to Medicare Part B

2c. Outpatient Institution Services:

2c1. Other Physicians: - __ Discount or + ___ Premium to Medicare Part B 2c2. Optometrist: $ _____________ per session 2c3. Physical Therapist: $ _____________ per session

3. Extended Stay Per Diem: $ _____________ per day

NOTE: IF OFFERING A VARIANCE FROM THE BENCHMARK MEDICARE RATE,

INSERT APPLICABLE "-/+" PERCENTAGE. IF NO VARIANCE, ENTER "0".

Option to Extend Services as Authorized by FAR 52.217-8

Sixty-one (61) months through sixty-six (66) months from EDOA.

1a. Inpatient Facility Services: - __ Discount or + ___ Premium to Medicare Part A 1b. Outpatient Facility Services: - __ Discount or + ___ Premium to Medicare Part B

2a. Inpatient Physician Services: - __ Discount or + ___ Premium to Medicare Part B 2b. Outpatient Physician Services: - __ Discount or + ___ Premium to Medicare Part B

2c. Outpatient Institution Services:

2c1. Other Physicians: - __ Discount or + ___ Premium to Medicare Part B 2c2. Optometrist: $ _____________ per session 2c3. Physical Therapist: $ _____________ per session

3. Extended Stay Per Diem: $ _____________ per day

NOTE: IF OFFERING A VARIANCE FROM THE BENCHMARK MEDICARE RATE,

INSERT APPLICABLE "-/+" PERCENTAGE. IF NO VARIANCE, ENTER "0".

All Offerors are hereby advised that the successful Offeror's unit pricing (to include discount percentage from or premium percentage to the benchmark Medicare rate) for the base year and all option years is public information, in accordance with Federal Acquisition Regulation (FAR) 15.503(b)(1)(iv). Accordingly, all successful unit pricing will be released to unsuccessful

Offerors with the notification of award as well as to the general public when requested. Any party who objects to the release of their own unit pricing information, should they be awarded a contract in response to this solicitation, should not submit proposal in response to the solicitation.

Sub-Contract Certification

This contract does ______ does not ______ provide for subcontracting possibilities.

If answer is in the affirmative, Offeror will submit _________ a sub-contracting plan in accordance with the requirements of FAR 52.219-9.

Attachment 2

ATTACHMENT 2

PERFORMANCE WORK STATEMENT

I. Background

The Federal Bureau of Prisons (BOP) was established in 1930 to provide more progressive and humane care for Federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration. Today, the BOP is responsible for the custody and care of approximately 185,000 Federal offenders. The Federal prison system is a nationwide system of prisons and detention facilities for the incarceration of inmates who have been sentenced to imprisonment for Federal crimes and the detention of individuals awaiting trial in Federal court. It is the mission of the Federal Bureau of Prisons to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

As an agency under the Executive Branch of the United States Government, the BOP receives an annual appropriation of funds to accomplish its assigned mission. The public trust demands that this annual appropriation be prudently managed. Thus, dollars spent to maintain the health of the inmate population must reflect the agency's best efforts to obtain cost-effective health care consistent with community standards.

In meeting the health care needs of a growing inmate population, the BOP provides essential medical, dental, and mental health services to Federal inmates with BOP resources. When a medical need arises which cannot be provided within prison walls by BOP resources, referrals are then made to community-based providers. It is the goal of this solicitation to establish a contractual agreement that will provide necessary professional and facility services for both inpatient admissions and outpatient encounters.

The Metropolitan Correctional Center, located in Chicago, Illinois (MCC Chicago), intends to make a single award to a responsible entity for the provision of Comprehensive Medical Services as set forth in this solicitation/contract. MCC Chicago houses both male and female inmates. It is presently identified as a Care Level II BOP facility. Care Level II is an intermediate level of classification on the four-level scale where Care Level I represents the healthiest inmates and Care Level IV represents inmates with serious health issues. Criteria for categorizing an inmate in the Care Level II category is included as Attachment 6, Medical Classification – Levels of Care Criteria. Despite this description of the general health of the inmate population, however, needs for inmate healthcare may arise at varying levels of complexity. Classification and designation of inmates is the sole responsibility of the BOP and may changed at any time without consideration to the Contractor.

In evaluating offers, the Government will evaluate the proximity of the proposed community-based providers, in addition to other factors, and give preference to those providers located nearest to MCC Chicago. Although a mileage restriction has not been placed on this acquisition, the Government reserves the right to determine that the proposed driving distances/conditions to community-based providers pose an unacceptable cost or security risk and to find such offers unacceptable.

II. Organizational Conflict of Interest

The objective of this solicitation is to satisfy the BOP's requirement for the provision of health care to the inmates of MCC Chicago. A potential organizational conflict of interest may arise if the awardee is an entity which also holds or participates in a separate contract/agreement with the BOP as a medical claims adjudicator. A possible conflict of interest may exist if the awardee has dual responsibilities for the submission of medical claims for services rendered under the resulting contract and for the adjudication of those medical claims under a separate contract/agreement with the BOP.

Offers received from any firm which holds or participates in a separate contract/agreement for BOP medical claims adjudication services must address any potential organizational conflict of interest that may arise and must provide a detailed explanation of how such conflicts will be avoided. Offers received from any firm which holds or participates in a separate contract/agreement for BOP medical claims adjudication services which fails to adequately address/resolve potential conflicts of interest will be rejected without further consideration. This limitation on the eligibility of Offerors has been imposed as authorized by Federal Acquisition Regulation (FAR) 9.506.

III. Statement of Output

Within this Performance Work Statement (PWS), necessary services are described in terms of output rather than specific task assignments. The BOP desires to make an award to the Offeror who can provide the best value, considering the diversity of available services and price, among other criteria specified in Attachment 4, Submission and Evaluation of Proposals. Therefore, the Government may award any or all line items, may withhold award of any of all line items, or may award to an Offeror who proposes less than the full complement of services contained in this solicitation. Accordingly, output items 1 and 2 are optional deliverables while output items 3, 4, and 5 are applicable to all services provided. Offerors are encouraged to submit comprehensive proposals committing to provide all output listed in the solicitation. Offerors who propose less comprehensive approaches will be evaluated accordingly.

Output #1: Provide inpatient facility services and outpatient facility services which conform to community standards and all local, state and Federal laws and regulations applicable to the delivery of health care to members of the general public. (Cross-referencing pricing categories 1a, 1b, and 3.)

Output #2: Provider professional services which conform to community standards and all local, state and Federal laws and regulations applicable to the delivery of health care to members of the general public. (Cross-referencing pricing categories 2a, 2b, 2c1, 2c2, and 2c3.)

Output# 3: Submit properly-priced invoices for services rendered.

Output# 4: Manage medical record information in a manner which promotes continuity of care while observing restrictions on the release of information.

Output# 5: Maintain open avenues of communication, facilitating the exchange of information between the contract provider, contract facility, and the Government regarding the contract services.

IV. Compliance with Contract Requirements

The Contractor's efforts under this contract shall be monitored to ensure that the required output is achieved. The Government reserves the right to inspect and evaluate in a reasonable manner all services rendered during the performance of this contract. The Contractor's performance will be measured by the Government utilizing the outcome measure indicators provided in Attachment 7, Performance-Based Outcome Measures.

The Contractor is responsible for all management and quality control actions necessary to meet the quality standards set forth by this contract. Prior to commencing performance, the Contractor shall develop and submit a Quality Control Plan (QCP) for MCC Chicago's approval. Once the QCP is approved by MCC Chicago, the Contractor shall utilized the QCP to guide and rigorously document the implementation of the required management and quality control actions to achieve the specified output.

V. Specific Requirements

Output #1: Provide inpatient facility services, outpatient facility services, and extended stay per diem services which conform to community standards and all local, state and Federal laws and regulations applicable to the delivery of health care to members of the general public.

Output #1 is an optional deliverable. However, if the Offeror proposes to provide these services, the following minimum requirements apply. Throughout the performance of this contract, the Contractor shall not utilize any provider that appears in the List of Excluded Individuals/Entities (LEIE) maintained by the U.S. Department of Health & Human Services.

If proposed, the Contractor shall provide facility services on an as-needed basis in a manner which adheres to community standards of quality and cost-effective medical care. The services required to satisfy Output #1 may include inpatient facility and outpatient facility, including emergency room services. Inpatient visits for non-emergency services shall require private room accommodations with available space for up to three armed or unarmed guards per inmate.

It is MCC Chicago's preference to obtain the services of facilities that are accredited by the Joint Commission. Offerors utilizing facilities which maintain accreditation by the Joint Commission shall submit a copy of the current accreditation certificate as part of the Offeror's technical proposal. If an Offeror intends to utilize a facility which is accredited or certified by any other recognized professional accrediting body, the Offeror shall submit documentation validating this accreditation or certification as a part of its proposal.

The Offeror's technical proposal shall discuss in detail the diversity of services, as well as the proximity of facility providers to MCC Chicago, that it is capable of providing to achieve Output #1.

Output #2: Provide professional services which conform to community standards and all local, state, and Federal laws and regulations applicable to the delivery of health care to members of the general public.

Output #2 is an optional deliverable. However, if the Offeror proposes to provide these services, the following minimum requirements shall apply. Throughout the performance of this contract, the Contractor shall not utilize any provider that appears in the List of Excluded Individuals/Entities (LEIE) maintained by the U.S. Department of Health & Human Services.

Community-Based Services

Professional services resulting from a BOP referral are necessary to be performed in a community-based setting (e.g., hospital facility, surgical center, physician's office, etc.). If proposed, the Contractor shall provide the services of professional medical staff how have appropriate educational qualification, experience, licensure, and board certification (where required) to achieve Output #2. This output specifically excludes the provision of radiological interpretations of BOP-provided films, images, or other media.

If requested by the Contracting Officer, the Contractor shall be required to document primary source verification of the credentials for each provider including: current license from the appropriate State Board of Medical Examiners, education from professional schools or universities, evidence of completion of internships and/or residences as appropriate.

Whenever possible, appointments for specialty care should be available within 14 calendar days from the date of referral to the specialty provider. This practice promotes the safety and security of the Federal prisoner, the escorting correctional staff, and the general public. The medical urgency of any referral must receive consideration in the scheduling and delivery of professional services.

For prescriptions to be filled by MCC Chicago’s pharmacy, contract providers shall only prescribe pharmaceutical drugs that are listed in the approved BOP Formulary. The BOP Formulary can be accessed at https://www.bop.gov/resources/pdfs/formulary.pdf. Requests for exemptions shall be submitted to the Contracting Officer's Representative (COR), who shall obtain the required approvals. As part of the Discharge Instructions, the issuance of sample medication to any Federal inmate shall be prohibited.

The Offeror's technical proposal shall discuss in detail the diversity of services, as well as the proximity of professional providers to MCC Chicago, that it is capable of providing to achieve Output #2.

Institution-Based Services

As an additional tool to satisfy Output #2, professional services may be performed within the confines of MCC Chicago. If the resulting contract does not provide for telemedicine consultation or all of the on-site clinics listed, MCC Chicago reserves the right to pursue such contracts. MCC Chicago also reserves the right to determine the manner of an inmate's referral, i.e., via on-site clinic, via community-based referral, via telemedicine consult, or any other method MCC Chicago determines to be reasonable and appropriate.

If the Contractor performs on-site specialty clinics at MCC Chicago, the following minimum requirements shall apply. Contract services shall be provided on-site within the Health Services Unit of MCC Chicago. Consultations shall be limited to the chief complaint on the BOP consultation form. Services shall include diagnosis and treatment of medical conditions with appropriate referral, if necessary, to a specialist at the contract medical facility. Scheduling of clinics shall be subject to the mutual agreement of MCC Chicago and the contract provider.

MCC Chicago will schedule inmates for on-site clinics.

Providers performing institution-based services shall be licensed to practice medicine in the State of Illinois. Providers performing these services shall apply for clinical privileges at MCC Chicago. All clinical privileges shall be appropriate to the qualifications of the provider and the resources of the facility where care is provided. Any clinical privileges granted due to the award of this contract shall be contingent upon the continuation of this contract and upon the physician's continued affiliation with the Contractor or any subcontractor. Continuation of privileges at the facility shall be at the sole discretion of MCC Chicago. Non-physician providers shall maintain active licenses from the State of Illinois, as applicable.

The following specialty clinics/sessions may be conducted at MCC Chicago, contingent upon an acceptable offer. The BOP reserves the right to award some, all, or none of the following on-site clinics:

Optometrist Ophthalmologist Orthopedic Surgeon Physical Therapist Psychiatrist

In the event it becomes necessary for the Government to cancel a scheduled visit, MCC Chicago will provide the contract provider with 48-hour written or verbal notice prior to canceling a visit.

However, certain circumstances beyond the control of MCC Chicago (e.g., fog or other Acts of God, institution disturbances, etc.) may dictate the cancellation of a scheduled visit with less than 48 hours written or verbal notice. In the event it becomes necessary for the contract provider to cancel a scheduled visit, the Contractor may provide qualified replacement professional staff or may reschedule a mutually agreed upon replacement session. Prior to utilizing replacement staff, the Contractor must obtain preliminary clearance from the Contracting Officer or COR, in accordance with the security and privileging requirements of this contract.

All contract personnel providing services within the confines of MCC Chicago shall have a complete background investigation conducted. See also "Contract Security/Investigative Requirements” contained within Attachment 3, Special Contract Conditions, of this solicitation/contract. All contract providers and other applicable staff who will enter MCC Chicago to perform services on a recurring basis shall be required to attend a four-hour institution orientation course held at MCC Chicago or a mutually acceptable site. A "refresher" orientation must be completed annually. The Contractor's costs for contract staff to attend this training shall be the responsibility of the Contractor. The Contracting Officer or COR will be responsible for scheduling training for all applicable contract staff.

Output #3: Submit properly-priced invoices for services rendered.

Overview. Upon completion of a treatment encounter, the Contractor shall prepare and submit proper invoices for services rendered under this contract. For the purpose of this contract, a specific definition for what documentation constitutes an invoice is provided below. A proper invoice shall include the information specified in FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items, paragraph (g). Services shall be invoiced in accordance with the terms and conditions of the contract, including the payment rate structures specified in the contract.

Invoice/Medical Claims Adjudication. MCC Chicago will employ a process of claims adjudication to ensure, at a minimum, that the services billed by the Contractor were properly authorized and ordered by MCC Chicago, are appropriately coded in compliance with Medicare coding policies (where applicable), are properly priced in accordance with the terms and conditions of the contract, and do not represent duplicate billings for payments already made. In addition, MCC Chicago may use the services of a third-party medical claims adjudicator to review medical claims submitted by the Contractor under this contract. When requested by MCC Chicago, the Contractor shall comply with all reasonable requests for additional invoice/medical claim/medical record documentation. All invoice payments shall be made by MCC Chicago and any disagreements regarding the paid amount of any invoice shall be resolved directly with MCC Chicago.

Invoice Definitions

Line Items 1a - Inpatient Facility Services, 1b - Outpatient Facility Services, 2a – Inpatient Physician Services, 2b – Outpatient Physician Services, and 2c1 - Outpatient Institution Services - Other Physicians: At the outset of this contract, an invoice for services rendered under Line Items 1a, 1b, 1c, 2a, 2b, and 2c1 shall be a paper version of an invoice containing not more than 50 individual medical claims. Each invoice shall be supported with paper copies of

Universal Billing (UB)-04 forms or Centers for Medicare and Medicaid Services (CMS) 1500 forms, as applicable, for each medical claim included in the invoice.

For each medical claim included on the invoice, the Contractor shall reference, at a minimum, the following information: YREGDOC number, inmate name and register number, date of service, provider of service, billed code, and contract amount billed. Medical claims detailed in the invoice shall be listed first in descending order by the YREGDOC number, second in alphabetic order by the inmate's last name, and third by ascending date of service (i.e., earliest to latest) when more than one medical claim is present for the same inmate within the same invoice.

If the Contractor's proposal encompasses the provision of community-based oral surgery and/or dental procedures, only those medical claims which represent adjunctive dental care will be submitted by the Contractor to the medical claims adjudication contractor for processing. Oral surgery and/or dental procedures that are not considered adjunctive dental care will be submitted to MCC Chicago for verification.

The Contractor shall not submit a medical claim for processing that the Contractor knows or has reason to believe contains inaccurate, incomplete, or misleading information. Medical claims which contain inaccurate, incomplete, or misleading information shall be held by the Contractor and not submitted until such time as all lines are deemed to be accurate and complete. At that time, the Contractor may proceed with submitting the medical claim for processing and invoicing MCC Chicago for all services represented by that medical claim.

Line Item 2c2 – Outpatient Institution Services – Optometrist and 2c3 – Outpatient Institution Services – Physical Therapist, and 3 – Extended Stay Per Diem: An invoice for services rendered under Line Item 2c2, 2c3, and 3 shall be paper invoice detailing the date(s) sessions were provided, the number of sessions provided, the unit pricing applied, and the extended total amount due.

National Provider Identifier (NPI) Numbers: The Contractor shall utilize only providers who have a current National Provider Identifier (NPI) number.

Procedures for Filing Corrected Medical Claims.

Facility Services: If it becomes necessary to file a corrected medical claim for facility services, the Contractor shall electronically transmit the information found on each individual corrected medical claim to MCC Chicago. The Contractor shall promptly submit a paper copy of the invoice or credit memo, as applicable, to MCC Chicago. Invoices for corrected medical claims shall be clearly marked as such and shall be separate from routine invoices. Invoices or credit memos for corrected medical claims shall detail information pertaining to the original medical claim submission (including any amount(s) previously paid and the associated invoice numbers) and shall bill only for the corrected medical claim submission or reflect the credit amount due for the corrected medical claim submission.

Physician/Professional Services: If it becomes necessary to file a corrected medical claim for physician/professional services, the Contractor shall submit the corrected medical claim in hard copy (i.e., paper) format to MCC Chicago. The word "CORRECTED" shall be prominently displayed on the paper medical claim. Invoices for corrected medical claims shall be clearly marked as such and shall be separate from routine invoices. Invoices or credit memos for corrected medical claims shall detail information pertaining to the original medical claim submission (including any amount(s) previously paid and the associated invoice numbers) and shall bill only for the corrected medical claim submission or reflect the credit amount due for the corrected medical claim submission.

Payment by MCC Chicago. MCC Chicago will pay all invoices directly to the Contractor. MCC Chicago will provide written notification to the Contractor when an administrative deduction is taken from an invoice payment.

If the Contractor is in disagreement with the paid amount of a medical claim, the Contractor will provide written notification to MCC Chicago of the disagreement along with supporting documentation for why the Contractor believes the medical claim was paid incorrectly. If it is determined that a medical claim was paid incorrectly by MCC Chicago, interest on the underpayment will be paid when required by the Prompt Payment Act.

Timeliness of Medical Claims. Medical claims shall be submitted/invoiced within 90 calendar days after an inmate's discharge or outpatient encounter or other service provided under this contract. Medical claims which are submitted/invoiced beyond the 90-day requirement shall constitute a performance deficiency under this output and shall be documented in the Contractor's performance evaluations. Medical claims which are submitted/invoiced within the acceptable time period, but are found to contain errors or require further justification, will be rejected and shall be resubmitted/reinvoiced by the Contractor within 30 calendar days from the date of rejection. Upon resubmission, invoices for corrected medical claims shall bear the new date of submission.

No later than November 1 of each year, the Contractor shall stimulate the billing process by reviewing its records, including those of subcontracted providers, to determine an estimated amount of outstanding charges for services provided through September 30 of that year. Based upon information generated through this review process, the Contractor shall provide a written estimate to MCC Chicago of outstanding fiscal year obligations, supported by adequate documentation. This estimate and supporting documentation shall be provided to the Contracting Officer no later than December 1 of each year. The Contractor shall put forth its best efforts to ensure the accuracy of the annual estimate provided to the Government.

Prompt Payment to Health Care Providers. In accordance with FAR 12.213, the Contractor shall implement commercial practices for health care payers in the surrounding community for prompt payment of all health care providers performing services under this contract. Such prompt payment terms shall be a material part of all subcontracts/agreements awarded by the Contractor. The Contract shall ensure that all health care providers acknowledge the following notice upon award of a subcontract/agreement for performance under this contract.

Notice to Health Care Providers: All health care providers are hereby advised that the Bureau maintains no privity of contract with any party other than the prime contractor regarding performance of the above-referenced contract. Notwithstanding FAR 52.212-4(b), a subcontract or other agreement between the prime contractor and a health care provider is a private-party contract. As such, the Bureau will not intervene in disputes between the prime contractor and any subcontractor/health care provider on any issue, including payment disputes. All subcontractors/health care providers are advised that payments due from the Bureau for performance under the prime contract will be paid only to the prime contractor. Accordingly, the prime contractor is responsible for remitting payments to subcontractors/health care providers in accordance with the terms of the negotiated subcontract/agreement, if any. By submitting a response to the solicitation and or by accepting this award the contractor acknowledges as such, the prime contractor and subcontractors/health care providers should look to remedies afforded them under any such negotiated subcontract/agreement.

If the Contractor fails to make prompt payment to health care providers, the Contracting Officer will consider any “unjustified failure(s)” by the Contractor to make prompt payments to a health care provider when evaluating the Contractor’s performance. Any unjustified failures to make prompt payments to health care providers will be reported in the Contractor Performance Assessment Reporting System (CPARS). The Government may terminate this contract, or any part hereof, for cause in the event of any default by the prime contractor, or if the prime contractor fails to comply with any contract terms and conditions, or fails to provide the government, upon request, with adequate assurances of future performance.

Output #4: Manage medical record information in a manner which promotes continuity of care while observing restrictions on the release of information.

Upon request, authorized BOP staff shall have access to and obtain copies of all inmate medical records and evaluation and treatment reports prepared and maintained by the contract facility and/or contract providers. Inmate medical records will be subject to review by MCC Chicago for validation of payment and verification of services rendered. Release of information shall only be made in accordance with community standards, Joint Commission regulations, and the Privacy Act of 1974. Any request(s) for copies of an inmate's medical records by the inmate or a third party shall be directed to the COR for processing.

Notwithstanding the above restrictions on the release of information, medical record information shall be provided to MCC Chicago in order to enhance inmate recovery as well as continuity of care. For inpatient admissions, a faxed report documenting treatment plans will be submitted to MCC Chicago’s Medical Records Department no later than 8 am each day. This form with the requested information will be provided to the Contractor by MCC Chicago. At the completion of treatment, the Contractor shall provide MCC Chicago with documented discharge instructions, as provided by the attending physician. Copies of all lab, x-ray, ekg, progress notes and emergency room working notes shall also accompany the patient or be faxed immediately to the COR. A written report by the attending physician which documents the circumstances of the inpatient treatment, outpatient procedure, or other consultation shall be provided to the COR within ten business days of the inpatient discharge, outpatient procedure, or other consultation. All lab and consultations pending at time of discharge shall be faxed to the COR upon receipt but not later than ten calendar days past discharge.

Output #5: Maintain open avenues of communication, facilitating the exchange of information between the contract physician, contract facility, and the Government regarding the contract services.

The Contractor shall provide a Point of Contact (POC) who shall be responsible for facilitating the Contractor's delivery of health services under this contract. The POC shall have sufficient clinical knowledge to enable preliminary technical consultation, with referral to a specialist if necessary. The Contractor shall designate this individual in writing to the Contracting Officer prior to the start date of the contract. Alternate POC's may be designated; however, the Contractor must identify those times when an alternate shall be the primary POC (i.e., after-hours and weekend referrals).

There shall be an open line of communications between the Contractor, its representatives, and MCC Chicago to ensure that only those services ordered by the institution are provided, unless required for intervention in a life-threatening emergency. In the event of a life-threatening emergency, the Contractor shall contact the COR within 24-hour time period or the next normal working day. All MCC Chicago referrals shall be the sole responsibility and decision of the Government. No inmate may be transferred to another medical facility, with exception of emergency cases, without advanced approval by authorized MCC Chicago medical staff.

A contract provider may discuss with the inmate patient only the diagnosis and possible treatment options directly related to the written consultation provided by MCC Chicago. The contract provider should not guarantee any future treatment to the inmate or discuss future appointment dates. All consultant recommendations should be sent to MCC Chicago for review by the Primary Care Provider Team (PCPT) and/or Clinical Director (CD). The BOP PCPT and/or CD is under no obligation to follow consultant recommendations. All patient care information and/or treatment plans will be reviewed by the PCPT/CD and the final disposition will be relayed to the inmate in accordance with BOP policies and procedures. In the event further care is approved, the Contractor will be notified by MCC Chicago. The Contractor shall not perform any treatment/procedures unrelated to the reason for consultation without receiving prior authorization from MCC Chicago.

VI. Enhancements to the Basic Contract Requirements

Offerors are encouraged to propose enhancements to the basic contract requirements which will facilitate MCC Chicago's ability to conform to the BOP's stated mission. Due to the security concerns inherent in transporting an inmate into the community for medical care, it is MCC Chicago's preference to treat inmates within the confines of a secure perimeter whenever possible. Offerings which assist MCC Chicago in mitigating security concerns are considered beneficial to the Government and will be evaluated for merit. Enhancements are not additional line items. Pricing for offered enhancements must be absorbed in the line item structure established within Attachment 1, Contract Pricing and Sub-Contract Certification. Offerings of enhancements that are separately priced line items will not be considered or accepted. The Government reserves the right to reject any offered enhancements that are determined not to be in the best interest of the Government.

The Offeror's technical proposal shall discuss in detail any such enhancements proposed, including relevant terms and a detailed discussion of the merits of offered enhancements.

VII. Inmates Who Release from Custody

Offerors are advised that the BOP retains responsibility only for inmates in the custody of the BOP. The BOP's responsibilities, including fiscal responsibilities, end with the inmate's release from custody. Once released from custody, the former inmate will become personally liable for any further medical treatment received. When an inmate's term of commitment expires while the inmate is in inpatient status in a contracted facility, the BOP will use its best effort to notify the Contractor in advance of the inmate's projected release date. In preparation of a pending release from BOP custody, the Contractor shall provide planning assistance to an inmate who requires continuing or follow-up medical care that extends beyond his or her projected release date.

Should an inmate's release date come while in inpatient status in a contracted hospital, the inmate's place of conviction and/or legal residence is outside the local area, and there are no other entities assuming custodial responsibility for the inmate, the BOP will accept financial responsibility for the inmate's medical care until the BOP can satisfy its obligation to provide release transportation for the inmate.

VIII. Prison Rape Elimination Act (PREA)

MCC Chicago Health Services staff are responsible for assessment, examination, documentation, and treatment of inmate injuries arising from incidents of sexual abuse, including testing when appropriate for pregnancy, HIV, and other sexually transmissible infections (STIs). Where indicated, medical staff, trained in the collection of sexual assault evidence (e.g., "rape kit") should conduct an examination for physical evidence that may be used later in formal investigations, or refer the inmate to trained health care professionals from the local community or at the local community facility equipped (in accordance with local laws) to evaluate and treat sexual assault victims. Should there be a need for MCC Chicago to refer an inmate out into the community to a trained health care professional, the Offeror's technical proposal shall discuss in detail the protocol (including but not limited to, the facilities who offer these services, examiners' certifications, and local laws/requirements) to help meet this requirement.

Attachment 3

ATTACHMENT 3

SPECIAL CONTRACT CONDITIONS

Type of Contract: The Government contemplates the award of an indefinite delivery/requirements type contract with firm-fixed unit prices resulting from this solicitation. It is anticipated that a contract award resulting from this solicitation will be made approximately November 1, 2019, with an effective date of award of December 1, 2019.

The resulting contract will include four 12-month option periods for renewal at the unilateral discretion of the Government. Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), Offerors may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered. Offerors are advised that the Government has the unilateral right to exercise option periods in accordance with FAR 43.103(b) and 52.217-9, Option to Extend the Term of the Contract, and 52.217-8, Option to Extend Services, when conditions identified by FAR 37.111 exist.

Non-Personal Services Status: Award of this contract will result in a contractual arrangement only and shall not be construed as a personnel appointment with the BOP. The services shall not constitute an employer/employee relationship. Payments to the Contractor shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the Contractor's own unsupervised determination. The Contractor will not be subject to Government supervision but its efforts will be monitored for quality assurance.

Pursuant to FAR 37.401, the resulting contract shall be a non-personal health care services contract, 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, its employees and agents occuring during contract performance. The Contractor shall maintain medical liability insurance as required by FAR 52.237-7, Indemnification and Medical Liability Insurance. The Contractor is required to ensure that its subcontracts for provision of health care services contain the requirements of the clause the FAR 52.237-7 including the maintenance of medical liability insurance.

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 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. The provider shall furnish medical information including a narrative summary when requested by the Contracting Officer or designee.

Adequate records shall be maintained to reflect accuracy with respect to medical claims submission as well as for quality and appropriateness of care. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

Performance: The periods of performance of the resulting contract shall be as follows:

Base Year: Effective Date of Award…