15BFA025R00000033-P0001 USP LEE.pdf

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 3

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

05/05/2025

4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

BFAOCODE

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

Jefferson Gregory

(O) 304-626-2500 x 1228 J2gregory@bop.gov

6. ISSUED BY 15B117CODE

Federal Bureau of Prisons USP Lee Lee County Industrial Park/Hickory Flats Road Pennington Gap, VA 24277

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15BFA025R00000033

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

05/01/2025

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 ____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.)

MODIFICATION TO REMOVE DOJ-05. REMOVING ATTACHMENT 9, CONTRACTOR PAST PERFORMANCE QUESTIONNAIRE.

REPLACING ATTACHMENTMENT 9 WITH VENDOR ATTESTATION FORM.

UPDATING ATTACHMENT 3, SPECIAL CONTRACT CONDITIONS AND ATTACHMENT 4, SUBMISSION AND EVALUATION

INSTRUCTIONS. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

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)

Jefferson Gregory Contracting Officer

(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

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Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule 2 Contract Clauses

DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) 3 List of Attachments 4 Solicitation Provisions

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Section 1 - Commodity or Services Schedule

CMCS-USP LEE-COMPREHENSIVE MEDICAL

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

Section 2 - Contract Clauses

Clauses By Full Text

Clause DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) was deleted.

Section 3 - List of Attachments

No Clauses

Identifier Title Number of Pages

3 Attachment 3-Special Contract Conditions Updated.pdf - ADDED 6 3 Attachment 3-Special Contract Conditions.pdf - DELETED 6 4 Attachment 4-Submission and Evaluation of Proposals - Updated.pdf - ADDED 8 4 Attachment 4-Submission and Evaluation of Proposals USP Lee.pdf - DELETED 8 9 Attachment 9-Past Performance Questionnaire.pdf - DELETED 4 9 attachment 9- vendor attestation.pdf - ADDED 5

Section 4 - Solicitation Provisions

No Clauses

Solicitation Attachment 3: Special Contract Conditions USP Lee - Comprehensive Medical Services

15BFA025R00000033

Updated: 04-28-2025 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

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: 04-28-2025 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, ________________________ (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.

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 3732.01, dated

Updated: 04-28-2025 Page 3 of 6

May 22, 2018. 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.

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

Updated: 04-28-2025 Page 4 of 6 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.

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.

Updated: 04-28-2025 Page 5 of 6

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.

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

Updated: 04-28-2025 Page 6 of 6 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/.

Security of Department Information and Systems

The vendor is required to complete Attachment 9, Vendor Attestation, addressing the security measures they rely upon to secure any DOJ Information and/or DOJ Information Systems for which they come into contact in the course of performing services under contract with DOJ.

The vendor shall submit the Federal Bureau of Prisons Vendor Cybersecurity Attestation Form, along with supporting documentation, at the time of solicitation response, annually, and when significant changes to the provided services, operating environment, or data processed occur.

https://www.esrs.gov/

Solicitation Attachment 4: Submission & Evaluation of Proposals

Updated: 04-28-2025

Submission of Proposals

Proposals shall be submitted in three separate volumes in accordance with the following requirements.

Volume 1 - Technical Proposal Volume 2 - Past Performance Proposal Volume 3 - Business Proposal

Offerors are required to use the following method when submitting a proposal:

A. Electronic Proposals via e-mail. Offerors shall submit their scanned documents of Volumes 1, 2, and 3 electronically via e-mail to J2gregory@bop.gov and a carbon copy (cc:) to BOP-ADM-FAO-CMS-S@bop.gov. All documents must be in PDF format. All documents must be submitted and received within the inboxes of the email addresses listed above by the due date and time set forth in Block 8 of the Standard Form (SF) 1449, page 1 of the solicitation.

B. Offers received after the proposal deadline will be processed pursuant to

FAR 52.212-1(f). It remains the offerors responsibility to ensure ALL DOCUMENTS are in the Government's control (recipient’s inbox to the email addresses identified in paragraph A above) by the proposal due date and time.

C. PLEASE NOTE. The following applies to all electronic submissions:

a. Please refer to FAR 52.212-1(f)(2)(i)(A)(B) and (C). E-mailed proposals will not be received instantly upon transmission. Offerors must factor delivery time when submitting their proposals. As stated in paragraph B above, e-mail proposals must be received within the recipient’s inbox by the proposal due date and time.

b. The Government e-mail system can only receive documents up to 14 megabytes (MB). Therefore, the e-mail with attachments must be less than 14 MB.

D. The offeror is responsible to ensure all electronic documents have good resolution and are LEGIBLE. The PDF file must also be text searchable.

E. Hard copies of proposals will not be accepted.

All potential offerors are advised that this solicitation includes the provision Federal Acquisition Regulation (FAR) 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services (SEP 2023), and the provision at FAR 52.204-7, System for Award Management (NOV 2024), which requires all Contractors doing business with the Federal government to be registered in the System for Award Management (SAM) database.

Offerors should include their Unique Entity ID (UEI) number in their offers. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee's UEI number into the SAM database. Failure to complete the registration procedures mailto:J2gregory@bop.gov mailto:GRA--/FAO-CMS%7E@bop.gov outlined in the provision noted above may result in elimination from consideration for award.

Instructions for registration in SAM can be found at https://www.sam.gov.

Instructions for Preparation of Technical Proposal

The offeror's technical proposal will be an important consideration in the award of the resulting contract; therefore, it should be specific and complete. The technical proposal shall set forth in detail an offeror's conceptual approach to, and interpretation of the following: stated contract goals; proposed work plan for achieving contract objective; proposed methodology and techniques of performing the contract; and the technical resources, experience and background, as well as unique or specialized skills and expertise of both the offeror and proposed subcontractors.

The offeror's proposal should be prepared simply and economically, providing straight-forward, concise delineation of capabilities to perform satisfactorily for the contract being sought. The technical proposal should therefore be practical, legible, clear, and coherent.

Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired.

The technical evaluation criteria stated within this solicitation will be used by the technical panel in evaluating proposals; therefore, each technical proposal must contain enough specificity to address each evaluation factor and the terms and conditions of the Performance Work Statement. In order that an evaluation may be accomplished strictly on the merit of the material submitted, the technical proposal shall not refer to pricing data. Additionally, each offeror shall complete Attachment 8: Technical Proposal Summary Sheets by Hospital Network, and include such with the offeror's technical proposal.

Proposals which merely paraphrase the requirements of the Government's Performance Work Statement or parts thereof or use such phrases as "will comply" or "standard techniques will be employed" and/or cut and paste information from a proposed subcontractor's website will not be acceptable. The offeror must submit an explanation of the proposed technical approach in conjunction with the tasks to be performed in achieving the required output.

Instructions for Preparation of Past Performance Proposal

The proposal must describe the experience of the offeror that is relevant to this contract:

• Experience providing community based inpatient/outpatient facility and professional services to a diverse Inmate population;

• Experience establishing and maintaining relationships with a large and diverse number of health care providers and/or organizations;

• Experience receiving and disseminating medical records to and from multiple health care providers.

https://www.sam.gov/

The following information shall be included in each Past Performance Proposal:

1. A list of a total of three (3) of the offeror's most recently awarded relevant contracts with a period of performance of at least twelve (12) months. The listing shall include all items listed below:

a. Name of contracting activity;

b. Contract number;

c. Date of Award;

d. Estimated Awarded Amount;

e. Contract Performance Period;

f. Name, Mailing Address, telephone number, fax number, and e-mail address of the Contracting Officer, Program Manager, and Administrative Contracting Officer;

g. Relevancy: Describe the relevance of past or current contracts with the Bureau of Prisons (BOP) in relation to this RFP. The discussion should include a comparison of providing healthcare services in community-based inpatient and outpatient facilities, as well as professional services, to an inmate population with a care level similar to that identified in Attachment 6: Medical Classification – Care Level Criteria.

h. Provide any other information the offeror deems important to understand the past performance of the contract, the offeror’s ability to deliver quality medical services, meet schedule/performance requirements, and achieve customer satisfaction.

2. For offerors with no past performance history, the offeror shall state "No Past Performance History Available." In cases where an offeror has no previous past performance or past performance information is unavailable, the offeror will receive a neutral rating and will not be evaluated either favorably or unfavorably.

In accordance with FAR 15.306, offerors may be given an opportunity to address especially unfavorable reports of past performance, and the offeror's response, or lack of, will be taken into consideration. An offeror's opportunity to address reports of negative past performance information could be affected by the Government's entitlement to award without discussions. Offerors would be well served to be aware of possible dissatisfied customers and address expected negative issues in initial proposal submissions. Generally, negative information obtained from references provided by the offeror are considered historical in nature, not subject to change, and not a matter for discussions.

Instructions for Preparation of Business Proposal

An offeror's business proposal shall consist of the following information:

1. Completed Schedule of Items and Subcontract Certification: Attachment 1

2. Completed certification entered onto the provision 52.209-7, Information Regarding

Responsibility Matters, and 52.209-12 Certification Regarding Tax Matters of this solicitation.

3. Completed representations and certifications entered onto the provision at FAR 52.212-3, Offeror Representation and Certifications - Commercial Products and Commercial Services." (Only if offeror has not completed annual electronic representations and certifications in SAM as specified at FAR 4.1201.

4. A brief explanation of the offeror's management structure as it relates to the performance of services under the contract.

5. A reference at a financial institution with general knowledge of the offeror's financial resources. Please include the name of the individual, name of the financial institution, address, and phone number.

6. Audited and/or certified financial statements (balance sheet, profit and loss statement) for the previous fiscal year.

Freedom of Information Act Notice

The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contract proposals submitted to Federal agencies. If an offeror's proposal contains information that he/she believes should be withheld from such requestors, under FOIA, on grounds that it is "trade secrets and commercial or financial information obtained from a person and privileged or confidential" [(b)(4) of the FOIA], the offeror should identify all such information so that if the proposal is ever the subject of a FOIA request, the decision to disclose or withhold can be made promptly by the responsible Federal official. If the offeror considers parts of the proposal withholdable under FOIA, the following notice should be placed on the title page:

"Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on such grounds is contained on pages ______.”

The offeror should mark each individual item considered privileged or confidential under the FOIA with the following notice:

"The data or information is considered confidential or privileged, and not subject to mandatory disclosure under the FOIA."

All information in the offeror's proposal which is not designated may be subject to automatic public disclosure, if it is requested under FOIA. It must be emphasized that under FOIA no information is automatically exempt from public disclosure. However, no disclosures under

FOIA will be made without a careful and exacting evaluation, giving due regard to the need for safeguarding material considered by the submitter to be privileged or confidential. The Department of Justice's policy is to withhold, whenever possible, material that is genuinely privileged or confidential.

Evaluation of Proposals

Evaluation Procedures

Proposals will be evaluated in accordance with the criteria set forth in this solicitation. The results of the proposal evaluation will be used to determine whether an offeror's proposal will be considered for inclusion within the competitive range for the purpose of discussions. Offerors are hereby notified that the competitive range may be limited to the greatest number of proposals that will permit an efficient competition among the most highly-rated proposals. Offerors are also advised that a contract award may be made without discussions; therefore, the initial proposal should provide the Government with sufficient information to recommend a contract award without discussions and should reflect the offeror's ability to perform at a reasonable price.

Technical Evaluation

The Technical Evaluation Plan will rate each offeror's proposal against technical evaluation criteria. A technical proposal deserving of an outstanding rating shall receive a higher rating than that of a mediocre proposal, as compared to the technical evaluation criteria. The technical evaluation shall be based on the documentation which supports an offeror's ability to perform in accordance with the terms and conditions of this solicitation.

Past Performance Evaluation

Offerors are advised that the Government will utilize information located in the Contractor Performance Assessment Reporting System (CPARS), and information obtained from the three

(3) references as well as the response from the offeror regarding experience relevant to this contract to evaluate past performance.

If adequate information is available in CPARS, the Government may only use information from CPARS in the past performance evaluation.

The Government will evaluate the offeror’s past performance for the following:

(a) relevancy

(b) quality of services

(c) timeliness of deliverables/adherence to performance schedule

(d) management

(e) utilization of small business and

(f) regulatory compliance

Performance information will be used for both responsibility determinations and as an evaluation factor against which offerors' ratings will be compared in the determination of best value to the

Government. Past performance will be rated and the Government's conclusions about the offeror's past performance will be considered in determining the relative merits of the offeror's proposal.

The Government reserves the right to use past performance information obtained from other than the sources identified by the offeror. Information may be utilized from the references listed in the proposal and other relevant references known to the BOP. The Government also reserves the right to disregard a reference as non-relevant if that reference is unable to provide an informative response. The Government reserves the right to review past performance information received by the Contracting Officer following the deadline for receipt of proposals and up to the time of award.

Evaluation of past performance will be a subjective assessment based on consideration of facts and circumstances. It will not be on absolute standards of acceptable performance. By evaluating past performance, the Government intends to consider the offeror's record of conforming to specifications and to standards of good workmanship; the offeror's adherence to contract schedules, including administrative aspects of performance; the offeror's reputation for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the offeror's business-like concern for the interests of the customer. This is a matter of judgment.

Price Evaluation

An objective price evaluation and analysis will be performed on each Offeror's price proposal.

Offerors are requested to submit a separate price proposal for the base period and each individual option period, as specified in this solicitation. The evaluated price will be inclusive of the base year and all option years.

Price proposals will be evaluated to determine which proposal offers the lowest price to the Government. The offeror providing the highest discount from the Medicare rate will be considered to be offering the lowest price in each category.

The offeror proposing the highest premium to the Medicare rate will be considered to be offering the highest price in each category. For other items, the offeror proposing the lowest unit price will be considered to be offering the lowest price in each category. Offerors must adhere strictly to the pricing methodology required by the solicitation.

Offerors who vary their pricing methodology create a situation whereby the Government cannot conduct a comparative evaluation of offers in pricing aspects. Therefore, any offeror who proposes a pricing methodology in any pricing category which varies from the prescribed (e.g., proposing multiple rates within any category or proposing a differing methodology) will receive no pricing score for each such category.

Evaluation Criteria

The Government intends to make a single award to an offeror, pursuant to an affirmative determination of responsibility, whose proposal, conforming to the solicitation, is determined to be in the best interest of the Government, price and other factors considered. In this tradeoff process, non-price factors (when combined) are approximately equal to price. Technical criteria and past performance are of equal value.

Evaluation criteria to be applied to proposals received in response to this solicitation are detailed below. Offerors are advised that should the offeror's proposals be considered approximately the same or equal under non-price factors, price could be paramount in the selection decision.

Technical Criteria

Demonstrated approach to providing an appropriate mix of resources to deliver quality medical care to the Inmates located at the institution, while mitigating the Government's costs and security risks, as measured by the following subfactors, which are of equal importance:

1. Level of diversity of services proposed;

2. Driving distance and conditions to and from the community-based providers;

3. Accreditation status of the proposed contract facility(ies);

4. Enhancements to the basic contract requirements proposed by the offeror which will facilitate institution’s ability to conform to the BOP’s stated mission.

Past Performance Criteria

Subfactors 1 through 6 are listed below and are of equal importance.

1. Quality of services

2. Relevancy

3. Timeliness of deliverables/Adherence to performance schedule

4. Management

5. Utilization of Small Business

6. Regulatory Compliance

Price

Pricing categories are listed below in descending order of importance.

USP Lee

1b. Outpatient Facility Services 1a. Inpatient Facility Services 2b. Outpatient Physician Services 2a. Inpatient Physician Services.

A proportionate amount of points will be awarded to each offeror below the highest-ranked offeror in each category.

The vendor affirms that they have security controls in place to protect DOJ information when that data is being stored, transmitted, processed, or displayed on the vendor’s information technologies. Applicable security controls include certifications indicating compliance with: state licensure requirements, SOC 2, ISO 27001, Payment Card Industry, HIPAA as applicable or other environment certifications that would be applicable (to be specified by the vendor). Vendor has attached documentation of said certifications as part of this affirmation.

The vendor affirms that internal controls are in place to identify and remediate vulnerabilities within any IT system in which DOJ information is stored and that DOJ data will be stored exclusively within the boundaries of the United States and that only US citizens have access to DOJ’s data. The vendor affirms that any DOJ information made available to vendor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. The vendor shall neither reproduce nor release such information to any third-party at any time, including during or after performance of the contract, without prior written permission of the CO or COR.

The vendor agrees to report any actual or suspected breach of DOJ Information within one hour of discovery of an actual breach, and within 24 hours of a suspected breach if vendor has not yet been able to determine whether a breach has occurred. A “breach” is an incident or occurrence that involves the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where: (1) a person other than an authorized user accesses or potentially accesses DOJ Information or (2) an authorized user accesses or potentially accesses DOJ Information for an other than authorized purpose. The report of a breach must be made to the CO or COR; if neither can be reached, the vendor must report the breach to the DOJ Security Operations Center (jsoc@usdoj.gov, 202-357-7000) and FBOP’s Information Security Program Office; the COR; and the Contracting Officer within one (1) hour of the initial discovery. The vendor should not disclose any details of the potential or confirmed breach to any individual not involved in responding to the breach. The vendor agrees to cooperate with DOJ’s inquiry into the incident and efforts to minimize risks to DOJ or individuals. Such cooperation includes, but is not limited to, providing to DOJ full access to any facility and/or Information System affected or potentially affected the breah or potential breach, and to undertake any and all response actions DOJ determines are required to ensure the protection of DOJ Information, including providing all requested images, log files, and event information to facilitate rapid resolution of sensitive information incidents. The vendor further agrees that it shall be responsible for all costs and related resource allocations that DOJ deems required for all such response activities related to any breach.

Attestation

Comprehensive Medical Contracts:

To Address ATU Concerns

Solicitation Attachment 9: Attestation USP LEE - Comprehensive Medical Services

A. Vendor Information Type Questions Yes No N/A Description ☐ ☐ ☐ Is the data sensitive (as defined by NIST)?

☐ ☐ ☐ Does the data contain Personally Identifiable Information (PII)?

☐ ☐ ☐ Does the data contain Federal Tax Information (FTI)?

☐ ☐ ☐ Does the data contain Protected Health Information (PHI)?

Does the data contain other Limited Official Use Information:

☐ Legal Privilege ☐ Legal Strategy ☐ Grand Jury ☐ Title III Information ☐ Protected Materials ☐ Privacy Act ☐ Procurement Sensitive ☐ Intellectual Property ☐ Law Enforcement Sensitive ☐ Infrastructure Sensitive

Approximately how many records will be transmitted to the vendor during the contract period?

B. Vendor Information Security Questions Yes No N/A Description

☐ ☐ ☐ Is Multi Factor Authentication (MFA) used to access DOJ data?

Describe implementation:

Explain N/A:

☐ ☐ ☐ Is the principle of least privilege employed for access management?

Describe implementation:

Explain N/A:

Is sensitive data encrypted at rest and/or in transit (e.g., sensitive Personally Identifiable Information (PII), Federal Tax Information (FTI), health information (HIPAA))?

Describe implementation:

Explain N/A:

Do portable devices require mobile device management tools before allowing access to corporate data, including email?

Describe implementation:

Explain N/A:

☐ ☐ ☐ Is there a formal cyber security program which includes policy enforcement?

Describe implementation:

Explain N/A:

☐ ☐ ☐ Are routine vulnerability scans of all system assets and endpoints performed?

Solicitation Attachment 9: Attestation

Yes No N/A Description Describe implementation:

Explain N/A:

Are internal and external penetration tests conducted?

Describe implementation:

Explain N/A:

Are known vulnerabilities mitigated or remediated within 30 for critical and high risk, and 90 days for medium risks?

Describe implementation:

Explain N/A:

o Critical Patch - to be installed within 30 days or sooner if possible o High Risk Patch - to be installed within 60 days or sooner if possible o Medium Risk Patch - to be installed within 90 days or sooner if possible o Low Risk Patch - to be installed within the normal patching rotation, but within at least a year.

Are monitoring services employed which will notify resources as needed 24x7x365 to support incident response?

Describe implementation:

Explain N/A:

If sub-contractors are used, describe questionnaire and other requirements of sub-contractors:

Describe implementation:

Explain N/A:

C. Data Owners Role Responsible Party Responsibilities

Data Steward Entity who is responsible for the categorization, protection, usage, and quality of the data.

Data Steward Entity who is responsible for the confidentiality, integrity, and availability of the data on a day-to-day basis.

Data Steward Entity who is responsible for the confidentiality, integrity, and availability of data on a day-to-day basis.

D. Vendor Signature As the vendor representative, I attest that the information in sections A and B are accurate, and I accept the responsibility of protecting and ensuring the confidentiality, integrity, and availability of DOJ data on a day-to-day basis when it is on the vendor or subcontracted vendor networks.

Solicitation Attachment 9: Attestation

A. Vendor Information Yes No Description ☐ ☐ Is this a new submission?

☐ ☐ Are you providing services to other DOJ Components?

If Yes, annotate the Component using this service.

Provide the vendor information in the tables below. Include all subcontracted services provided in connection with the service.

Table 1: Vendor Information Vendor Name(s) Address (Street|City|State|Zip)

Table 2: Vendor Points-of-Contact Full Name Role Phone Number Email Address

Table 3: Contract Information Contract Number Contract Title Period of

Performance Contracting Officer Name

Department of Justice

Solicitation Attachment 9: Attestation

B. Mission and Purpose Describe in detail all services provided, including the purpose for utilizing the services.

Table 4: System or Service Mission / Purpose Mission / Purpose

Insert the system(s) and system’s purpose

C. Security Categorization Identify the information collected, processed, stored, and transmitted by the vendor. Type of information, number of records, method of transmission or sharing method, and frequency of exchange must be annotated.

Table 5: Security Categorization FIPS 199 Security Categorization

LOW / MOD / HIGH

Table 6: NIST SP 800-60 Information Types Type of Data

Information Type Frequency and Method of Exchange

Size or Quantity + Exchange Frequency + Exchange Method

Solicitation Attachment 9: Attestation