FCI Berlin Amendment 0004.pdf

15BFA023R00000011/0004 Page 1 of 07

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 07

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

03/20/2024

4. REQUISITION/PURCHASE REQUISITION NUMBER

15B21822PR000194

5. PROJECT NUMBER (If applicable)

15BFA0CODE

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

David Duffield

(O) 202-913-1669 dduffield@bop.gov

6. ISSUED BY 15B218CODE

Federal Bureau of Prisons FCI Berlin 1 Success Loop Road Berlin, NH 03570

(O) 603-752-1080

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15BFA023R00000011

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

02/01/2024

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

FCI Berlin Comprehensive Medical Services, RFP 15BFA023R00000011, Page 81 is amended as follows:

Amend Attachment 3, Special Contract Conditions, page 4 of 6: Comprehensive General Liability:

The language "This insurance shall include contractor's protective and liability." is hereby removed. See updated attachment.

Offer due date: March 25, 2024 at 2:00 pm EST.

All other terms, conditions, and line items to remain the same.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

David Duffield Contract Specialist

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

Solicitation Attachment 3: Special Contract Conditions Comprehensive Medical Services

03/20/2024: UPDATED ATTACHMENT: AMENDMENT 0004 RFP 15BFA023R00000011 FCI BERLIN

Updated: 08/03/2023 Page 1 of 6

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 a contract award resulting from this solicitation will be made by November 01, 2024.

The resulting contract will include four 12-month option periods for renewal at the unilateral discretion of the Government. Pursuant to Federal Acquisition Regulation (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 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 healthcare 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 occurring 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 healthcare services contain the requirements of the clause the FAR 52.237-7 including the maintenance of medical liability insurance.

Reviews: The Contracting Officer (CO) 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 CO 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 CO or Contracting Officer’s Representative (COR), whichever is appropriate. The provider shall furnish medical information including a narrative summary when requested by the CO 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 CO or other delegated representatives of the BOP.

Updated: 08/03/2023 Page 2 of 6

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

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

Option Year 1 Option Year 2 Option Year 3 Option Year 4 Option to Extend Services as authorized by FAR 52.217-8

The contractor shall commence full performance of community-based services under this contract within 30 calendar days from the date of award or upon the effective date of the performance period, whichever is later. Additionally, the contractor shall provide a complete security clearance investigation package for each institution bases provider within 30 calendar days from the effective date of award of the contract. In accordance with FAR 46.503 and 46.503(a)(6), place of acceptance for services under this contract is at the destination, FCI Berlin (hereinafter referred to as the “institution”. The contractor shall provide the contract services independent of Government supervision.

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

Ordering Official: Task orders may be issued only by the CO, ACO, or an ordering official for the institution 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, or purchase card acquisition form.

Task orders may be mailed, faxed, or sent via email to the contractor.

Contracting Officer’s Representative: The CO will designate in writing a COR who shall be responsible for:

a. Monitoring technical progress, including surveillance and assessment of performance and issuing technical changes;

b. Interpreting the scope of work;

c. Technical evaluation as required;

d. Technical inspection and acceptance;

e. Assisting in the resolution of technical problems encountered by the service provider during contract performance;

f. Monitoring funds available for obligation;

g. Ensuring the task orders are issued in accordance with appropriate terms;

h. Ensuring that invoices and payments are processed in a timely manner;

i. Assisting in the resolution of administrative problems encountered by the service provider during the contract performance.

Updated: 08/03/2023 Page 3 of 6

Contract Security/Investigative Requirements: The employees/subcontractors of the contractor entering the institution shall meet certain security requirements to receive an institutional pass as required by Bureau of Prisons Program Statement 3000.03, dated December 19, 2007. Primary concerns are the amount of contact that may occur between the contractor and his/her employees/subcontractors with the inmate population during the performance of the contract.

The program manager at the institution is responsible for conducting the appropriate vouchering, law enforcement checks, and ensuring that fingerprinting is completed on all contractor staff that may need access inside the confines of the secure perimeter. The institution will establish a security file that will be maintained on each of the contractor's employees/subcontractors from the beginning of the contract through its duration. The following investigative procedures will be performed:

National Crime Information Check (NCIC) check;

DOJ-99 (name check);

FD-258 (fingerprint check);

Law Enforcement Agency checks;

Vouchering of Employers;

Resume/Personal Qualifications;

OPM-329-A (Authority for Release of Information);

Complete contractor Pre-employment form;

National Agency Check and Inquiries (NACI) check (if applicable); and Urinalysis Test (for the detection of marijuana and other drug usage).

By submitting a proposal, the contractor and its employees/subcontractors agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearances will be unable to perform services under the contract. The final determination and completion of the security investigation procedures will be made at the sole discretion of the institution. All persons are advised that a urinalysis test for the detection of marijuana and other drug usage shall be performed. Any person(s) testing positive shall be disqualified from performing under the resulting contract. Any individual employed/subcontracted by the contractor deemed not suitable by the Bureau of Prisons requirements will not be granted access to perform services under the contract. This is a condition of the contract. The contractor must be in compliance with Department of Justice regulations at 8 CFR 274a regarding the employment of aliens. A copy of this directive is available upon the contractor's request.

In addition, each contractor employee/subcontractor must attend an orientation program at The institution. The purpose of this program is to familiarize contractor employees/subcontractors with institution operations, the institution, and general rules of conduct and procedures inside the institution. contractor employees/subcontractors shall adhere to all institution regulations regarding conduct and performance. contractor employees/subcontractors will be allowed access to the institution at the sole discretion of the Chief Executive Officer. Any individual performing under this contract may be removed if it becomes apparent his/her conduct does not reflect the conduct of that prescribed for those people performing under non-personal service contracts.

Updated: 08/03/2023 Page 4 of 6

Schedule of Required Insurance: As required by FAR clauses 52.228-5, Insurance-Work on a Government Installation, and 52.237-7, Indemnification and Medical Liability Insurance, the contractor shall, at its own expense, provide and maintain during the entire performance of the resulting contract, at least the kinds and minimum amounts of insurance required as listed below:

Professional Medical Liability: See FAR Clause 52.237-7, of this solicitation/contract.

Workers Compensation and Employers Liability: contractors are required to comply with applicable Federal and State workers compensation and occupational disease statutes.

If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (FAR 28.307-2)

Comprehensive General Liability: $500,000 per accident or occurrence for bodily injury.

However, if the contractor or subcontractor is an entity or subdivision of a State that either provides for self-insurance, and/or is limited by law to the amount of liability insurance that may be purchased, then the insurance requirements of this contract shall be fulfilled by incorporating the provisions of the applicable State law.

Before commencing work under this contract, the contractor shall certify to the CO 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 CO, which period is longer.

The contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this contract and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractors' proof of required insurance and shall make copies available to the CO upon request.

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 FAR 52.237-7, Indemnification and Medical Liability Insurance.

If the contractor or provider 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 COR and CO within five calendar days upon official notification.

Updated: 08/03/2023 Page 5 of 6

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/subcontractor, regardless of the final judicial decision, the provider may be unable to perform under the contract.

Contractor Training and Courtesy Privileges: contractor training and courtesy privileges may be extended to BOP medical staff and will be limited to care and treatment of Federal inmates to ensure continuity of care.

Quality of Patient Care/Non-Discrimination: The hospital and professional service providers will provide BOP patients under the terms of this contract the same or equal services to those provided to non-BOP 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 or availability of a facility; 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 Third Party's Liability involves the potential legal liability of another person for the injurer disease in question. 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."

Privacy Act Notification: This contract requires the contractor, on behalf of the institution, to provide healthcare and report requested medical record and financial information to the BOP.

The BOP will use the information for financial, legal, research, and healthcare procedures.

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.

Updated: 08/03/2023 Page 6 of 6

Disclosure of the appropriate medical record information without prior consent of the subject patient may be made by you to: another provider of healthcare 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 institution. The contractor must forward all other requests for information to the COR.

Authorized Users: The institution reserves the right to grant permission allowing the United States Marshals Service and Bureau of Citizenship and Immigration Services to utilize this contract. The contractor shall receive written notification from the institution when permission is granted. If approved to utilize the contract, these agencies shall be considered "optional users" with the ability to issue task orders against this contract for Federal prisoners and detainees. The contractor shall "direct bill" the applicable agency for any services that are provided under this section.

Electronic Subcontracting Reporting System (eSRS): In accordance with FAR 52.219-9, the offeror agrees to submit the Individual Subcontracting Report (ISR), formerly the SF-294, and Summary Subcontracting Report (SSR), formerly the SF-295, as applicable. Pursuant to FAR 19.704, the Federal Bureau of Prisons requires submission of these reports as follows:

The ISR is due semi-annually and at contract completion, always within 30 days after the close of each reporting period unless otherwise directed by the CO. Normally, these deadlines are April 30th for the period ending March 31st and October 30th for the period ending September 30th. A separate report is also due within 30 days after contract completion. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or since the last reporting period.

The SSR must be submitted annually (for twelve months ending September 30th). Reports are due 30 days after the close of each reporting period.

Additional information concerning the Electronic Subcontracting Reporting System (eSRS) program can be located at https://www.esrs.gov/.