15BFA026R00000004 0002.pdf

15BFA026R00000004/0002 Page 1 of 4

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 4

2. AMENDMENT/MODIFICATION NUMBER

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

15BCMSCODE

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

Hannah Mendenhall

(O) 202-913-1667 hmendenhall@bop.gov

6. ISSUED BY 15B505CODE

Federal Bureau of Prisons FMC Carswell J Street Building 3000 Fort Worth, TX 76127

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15BFA026R00000004

CODE FACILITY CODE

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

X 9B. DATED (SEE ITEM 11)

04/06/2026

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.)

Amendment 0002 is hereby issued to add: attached questions and answers regarding the requirement.

All other Terms, Conditions, and Line Items 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)

Hannah M Mendenhall 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

05/20/2026 15B50525PR000343

15BFA026R00000004/0002 Page 2 of 4

Table of Contents

Section Description Page Number

A Solicitation/Contract Form B Supplies or Services and Prices/Costs C Description/Specifications/Statement of Work D Packaging and Marking E Inspection and Acceptance F Deliveries and Performance G Contract Administration Data H Special Contract Requirements I Contract Clauses J List of Attachments K Representations, Certifications and Other Statements of Offerors L Instructions, Conditions and Notices to Offerors M Evaluation Factors for Award

15BFA026R00000004/0002 Page 3 of 4

Section B - Supplies or Services and Prices/Costs

CMCS-FMC CARSWELL - COMPREHENSIVE MEDICAL

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

Section C - Description/Specifications/Statement of Work

No Clauses

Section D - Packaging and Marking

No Clauses

Section E - Inspection and Acceptance

No Clauses

Section F - Deliveries and Performance

No Clauses

Section G - Contract Administration Data

No Clauses

Section H - Special Contract Requirements

No Clauses

Section I - Contract Clauses

No Clauses

Section J - List of Attachments

15BFA026R00000004/0002 Page 4 of 4

No Attachments

Section K - Representations, Certifications and Other Statements of Offerors

No Clauses

Section L - Instructions, Conditions and Notices to Offerors

No Clauses

Section M - Evaluation Factors for Award

Questions and Responses FMC Carswell – Comprehensive Medical Services

15BFA026R00000004

1. Attachment 2 – Output #3, Page 9 – Paragraph 2

Please clarify the designation of FMC Carswell’s Dialysis Services Unit as a hospital based or chronic dialysis facility. Will this Dialysis Services Unit be required to adhere to hospital standards under Joint Commission or the “Conditions for Coverage” under the Center for Medicare and Medicaid Services regulations?

Reference:

Joint Commission Standards (https://www.jointcommission.org/en-us)

Title 42 – Part 494 – Condition for Coverage for End-Stage Renal Disease Facilities (https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-494)

Response: There is no need to designate FMC Carswell’s Dialysis Unit as a hospital based or chronic dialysis facility as FMC Carswell does not fall under Joint Commission or Medicare and Medicaid Services regulations.

2. Attachment 2 – Output #3, Pages 9 and 10

The solicitation requires offerors to provide the complete management and staffing and operations of the FMC’s Dialysis Services Unit.

As part of this responsibility, Medical Director oversight services will be required for the FMC’s Dialysis Services Unit. These services are primarily reimbursed through a contractual arrangement with the dialysis facility for administrative and clinical leadership services.

Payments for these services are separate from the fee-for-service payment that nephrologists receive for providing direct patient care. Compensation for Medical Director services is based on fair market value for the time spent on these duties, such as regulatory compliance, quality assurance/improvement, infection control/safety, policy development, and staff performance/training.

The solicitation states: “All physician services, which are provided during on-site administration of dialysis, shall be billed separately according to the established rate for Outpatient Institution Services (Other Physicians).” However, this pricing methodology does not cover a separate monthly rate for Medical Director services. If offerors are required to incorporate Medical Director fees into the per treatment rate, this would significantly increase the treatment rate for these services.

https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-494

Considering the commercial practice to separate Medical Director fees from the fee-for-service payments, it is recommended that the FMC add a separate line item in the Pricing Schedule for a monthly rate for Medical Director services.

Reference:

CFR 42, Part 494 – Subpart D – Administration

(https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-494/subpart-D)

Conditions for Coverage for End-Stage Renal Disease Facilities - Interpretive Guidance (Pages 276 through 281)

(https://www.cms.gov/medicare/provider-enrollment-and-certification/guidanceforlawsandregulations/downloads/esrdpgmguidance.pdf)

Response: No changes are being made to the current solicitation as an offeror’s proposal shall discuss in detail the staffing approach and proposed operational procedures for accomplishing Output #3.

3. Section H – Special Contract Requirements - H.09 – Authorized Users, Page 17

The Volunteers of America (VOA) currently operates a corporate-owned contract facility in Fort Worth to support the BOP’s Mothers and Infants Nurturing Together Program (MINT). Will the FMC also consider the VOA to be an “authorized user” to utilize this contract? If so, please specify any additional performance requirements and billing protocols that need to be followed to support this MINT program.

Response: The VOA will not be an authorized user.

4. Attachment 1: Contract Pricing & Subcontract Certification - Page 8 of 8.

“All offerors are hereby advised 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 FAR Deviation 15.207-2. Accordingly, all successful unit pricing will be released to unsuccessful offerors with the notification of award as well as to the 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 a proposal in response to the solicitation.”

We understand the requirements of FAR Deviation 15.207-2, Award notice, specifically paragraph (b)(4), which states that the Award notice must include -

“(4) The items, quantities, and any stated unit prices of each award.

(i) If the number of items or other factors makes listing any stated unit prices impracticable at that time, only the total contract price need be furnished in the notice.

(ii) The items, quantities, and any stated unit prices of each award must be made publicly available, upon request; and…”

However, we are of the strong opinion that the Federal Bureau of Prisons’ release of unit pricing information to the general public is prohibited, as stated in the second sentence of this paragraph, as stated in paragraph in paragraph (5) as follows:

“(5)…An offeror's cost breakdown, profit, overhead rates, trade secrets, manufacturing processes and techniques, or other confidential business information must not be disclosed to any other offeror.”

We would like to clarify the importance of restrictions on the release and disclosure of our trade secrets and commercial or financial information that are deemed privileged or confidential, specifically under Exemption 4 of the Freedom of Information Act (5 U.S.C. 552). This Exemption supersedes this FAR Part 15.207-2 Deviation since this qualified Exemption is authorized by federal statute.

While FAR Deviations may change how a proposal is evaluated or what clauses are included in a contract, it cannot legally authorize the withholding of information that is subject to mandatory release under FOIA, nor can it force the release of information protected by FOIA exemptions.

FOIA Exemption 4 protects from disclosure “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.” 5 U.S.C. § 552(b)(4).

Records “that actually reveal basic commercial operations, such as sales statistics, profits and losses, and inventories, or relate to the income-producing aspects of a business,” fall within the scope of “commercial” information. See Public Citizen Health Research Group v. FDA, 704 F.2d 1280, 1290 (D.C. Cir. 1983). Line-item pricing has consistently been considered to be a government contractor’s commercial or financial information. See Canadian Commer. Corp. v.

Dept of Air Force, 514 F.3d 37, 41 (D.C. Cir. 2008); McDonnell Douglas Corp. v. Air Force, 375 F.3d 1182 (D.C. Cir. 2004); McDonnell Douglas Corp. v. NASA, 180 F.3d 303 (D.C. Cir. 1999).

In addition, we have also submitted medical claims to the BOP for services performed under its contracts with BOP, and other data billing data included on UNT Health’s invoices. It should be undisputed that information regarding UNT Health’s invoices submitted to BOP constitutes commercial or financial information.

The unit prices charged to the BOP included on these medical claims and invoices were based on our proposed fixed rates, which were either a (1) percentage above the benchmark Medicare cost for the service, or (2) fixed rate per session, depending on the type of service provided. Thus, the amounts billed to the BOP under claims for services reveal our line-item pricing, and that data constitutes commercial or financial information.

Consequently, the commercial or financial information contained in our contracts with the BOP is confidential and, therefore, covered by FOIA Exemption 4. The U.S. Supreme Court has held that “[a]t least where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is ‘confidential’ within the meaning of Exemption 4.” Food Marketing Institute v. Argus Leader Media, 139 S. Ct. 2356, 2366 (2019). The information provided to the BOP is both customarily and actually treated as private by UNT Health, as it does not share that information with parties other than the BOP.

In addition, the unit pricing proposed by offerors includes confidential, privileged and proprietary trade secrets supported by the manner in which percentage premiums are assigned for the various line items required in this solicitation. These percentage premiums, above the Medicare benchmark pricing, are used by offerors to cover overhead, administration and profit for performing services not covered by Medicare reimbursement methodologies.

The strategy for assigning these varying percentage premiums and their percentage premium amounts is unique to each offeror. These percentage premiums are not considered public information or normal commercial unit prices that are charged to the general public or under the Medicare program. As a result, offerors should be allowed to protect their proposed percentage premiums and resulting unit pricing since they qualify as proprietary, trade secret, or confidential under FOIA Exemption 4.

Moreover, our commercial or financial information submitted to the BOP was under the assurance of privacy, because contractor bid or proposal information, which leads to contract pricing information, is protected from disclosure by the Federal Acquisition Regulation. 48 C.F.R. § 3.104-4. Additionally, under a previous body of FOIA case law, courts have prohibited the disclosure of contract line-item pricing information where it is likely to cause substantial harm to the competitive position of the contractor. See Canadian Commer. Corp., 514 F.3d at 43;

McDonnell Douglas Corp. v. Air Force, 375 F.3d at 1193; McDonnell Douglas Corp. v. NASA, 180 F.3d at 307.

Therefore, the information we provide the BOP in our contract proposals, resulting contract awards, medical claims and invoices, is confidential commercial or financial information exempt from disclosure under FOIA Exemption 4.

We would appreciate your reviewing our concerns, including our application of FOIA Exemption 4 and the above-related case law, and making appropriate changes to this solicitation.

Response: No changes will be made to solicitation or Attachment 1: Contract Pricing & Subcontract Certification.