5. RN Nursing Svcs SOW.pdf

RN NURSING SERVICES

STATEMENT OF WORK

Subject

The Federal Medical Center (FMC) in Devens, Massachusetts, intends to award a Blanket Purchase Agreement (BPA) for the Temporary Services of Registered Nursing (RN) services to conduct evaluation and treatment services. These services will be provided to the inmate population incarcerated at the Federal Medical Center Devens, located in Devens, Massachusetts (hereinafter referred to as FMC).

Period of Performance

The contract period will be in effect from the date of award through 120 working days, with an option of extending for another 120 working days for a maximum of 240 working days. General information regarding the Bureau of Prisons (BOP) is located at www.bop.gov.

Place of Performance

Federal Medical Center (FMC) P.O. Box 880 Ayer, Massachusetts 01432

Services will be performed in multiple areas of the Health Services Department, to include, but not limited to, the Outpatient Clinic, the Long Term Care Unit, the second and third floors of the Medical Housing Unit (P building), the Mental Health Unit, the Memory Disorder Unit, Medication Administration lines to include pill line and insulin line, Special Housing Unit, the Satellite Camp, and Receiving and Discharge.

Schedule

The contractor shall be available to provide services when requested, seven days per week, 365 days per year. This includes all Federal Holidays. The services will be provided to FMC, Devens, on an as needed basis.

The contract rate for these services shall be on a per session basis. Session lengths are defined as one (1) hour. Partial sessions are not authorized. The contract rates shall include ALL charges for providing nursing services.

The required number of minimum sessions per week is 280 (4 RN’s DOT Occupation Code 12314 x 40 hour per week = 160). The hours may be adjusted to meet the variable needs of FMC Devens and the unpredictable nature of the correctional environment. Individual employees may not exceed 40 hours per week. Specific dates and times of sessions will be determined mutually between the contractor and the Director of Nursing or his/her designee.

In the event of a long-term absence, the contractor will provide replacement coverage. If the contractor fails to provide coverage, the Government may seek contractual remedy. Schedules http://www.bop.gov/ will generally be posted 14 days in advance. There may be occasions to adjust the contractor's employee(s) schedule due to circumstances such as extended illness or injury of BOP staff. In that event, every attempt will be made to provide 24-hour notice. Overtime is not authorized.

FMC Devens has implemented a screening process prior to admission inside FMC Devens for COVID-19 and its symptoms, dependent upon a three-level tiered operations matrix. The contractor shall submit to these screenings prior to entering FMC Devens every day, to include when the operations matrix requires enhanced screening. Failure to pass the screening site will result in the contractor not being able to enter FMC Devens. FMC Devens COR will notify the contractor a.s.a.p. that the contractor did not pass the screening site and what the next steps would be.

Description of Duties

The services will be provided to inmates in the custody of the Federal Bureau of Prisons. The contractor must have the ability to work with an inmate population from a variety of cultural, regional, racial, and ethnic backgrounds. The Contractor will coordinate activities and work closely with the Clinical Director, Medical Officer, and Mid-Level Practitioners of the institution in the treatment of inmate patients. The Contractor(s) shall be responsible for, but not limited to the following:

Assisting the physician or mid-level provider with procedures.

Provision of ambulatory nursing care, evaluations, and treatments.

Administration of medications to include pill/insulin line as directed by the physician.

Triage screening of inmates Performing veni-punctures on occasion Assisting BOP staff with care of inpatient mental health inmates Clerical duties, to include providing a documented report upon completion of the session through written and/or electronic documentation in the inmate’s medical records.

Provide direct patient care services in accordance with legal, ethical, and institutional standards through the evaluation of patients and therapeutic treatment as ordered by Health Services clinical staff.

Establish diagnostic impressions and requests appropriate diagnostic tests (e.g. laboratory, x-ray, visual acuity and electrocardiogram) and ability to interpret results.

Document all clinical encounters using Bureau of Prisons Electronic Medical Record.

Review all ordered tests and procedures within 24 hours of receiving results or the next business day.

Administer medication as prescribed i.e., by mouth, intradermally, subcutaneously, or intramuscularly.

Secure a health and developmental history from the patient, records findings, and makes critical evaluations. Provide current entries for maintenance of medical records.

Provide a wide range of emergency services including primary care for trauma and lifesaving procedures.

Serve as the primary provider for routine requests for evaluation of new complaints, for routine recurring visits for chronic illness, and emergencies when clinically indicated.

Manages the daily operation of the clinic and conducts daily sick call.

Possess knowledge of treatment of chronic health problems, i.e. hypertension, diabetes, and asthma.

Maintain patient privacy and confidentiality.

Initiate emergency care as needed according to community standards.

Adhere to infection control policies and procedures.

Ability to provide basic first aid, prevention care, and guidance in treating a variety of common illnesses/injuries.

Ability and skill to operate EKG and laboratory equipment.

Knowledge of mental health disorders and has the ability to screen for gross mood changes.

Perform duties as required but accept only those assignments that are commensurate with his/her educational preparation, training, experience, and licensure laws.

Supplies/Equipment

In recognition of institution security concerns, the supplies and equipment that the contractor may require while at the institution in the performance of the contract will be furnished by and remains the property of the Government. These supplies will normally include any materials needed to perform the services covered under this contract (i.e., gowns, gloves, surgical masks, safety glasses and personal protective equipment). If the contractor requires special equipment or supplies, a written request may be submitted for consideration by the Health Services Administrator.

The contractor will be required to notify the Health Services Administrator of material and supply needs sufficiently in advance to ensure adequate levels are maintained. Additionally, the Government will furnish all required Government forms to be used in the performance of services. All records maintained by the contractor under this contract will remain the property of the institution.

Attire

The contractor is expected to wear professional clothing while on duty. The contractor is responsible for providing his/her own smocks, laboratory coats, and surgical scrubs. The attire worn shall also be appropriate for the correctional environment in which the contract employee will be performing. The contractor is prohibited from wearing Khaki or any colors similar to Khaki due to Khaki being the primary color worn by inmates. The contractor is prohibited from wearing light colored smocks, scrubs, laboratory coats, and surgical scrubs so no under garments could be inadvertently revealed. Uniform will consist of Navy or Black surgical scrubs.

Restrictions on Contract Workers

The Contractor shall not supervise inmates, supervise Bureau of Prisons staff, participate in inmate accountability, requisition, sign for, or pick up supplies, formulate policy or procedures, or attend meetings, staff recalls or staff functions.

Contractor Performance Assessment Reporting System (CPARS)

The Department of Justice, Federal Bureau of Prisons utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARs) to provide contractor performance evaluation. The Contractor's performance will be evaluated in accordance with FAR Part 42.

CPARS reports will be prepared by the COR and maintained in the contract file. The Contractor shall provide and maintain a current e-mail address throughout the life of the contract for the institution contracting staff/focal point. The Contractor shall register with the DOD within 30 days of receiving an e-mail from the focal point. The e-mail will contain the user ID to register.

The Contractor must be registered to access and review its evaluation and/or as provide a response. If assistance is required when registering, please contact the institutional contracting office for assistance, guidance, and instructions.

Patient Management

Patients shall be afforded impartial access to treatment or accommodations that are available or medically indicated, regardless of race, creed, sex, national origin or religion. Services provided under the sponsorship of the Contractor shall be departments/services of the medical department.

The Contractor shall not provide information to the inmate(s). If the situation arises, where inmate(s) are required to be provided information, the Clinical Director, Medical Officer, or Mid-Level Practitioner shall provide any information the inmate(s) are to receive. The Contractor is required to maintain an open line of communication with the Clinical Director, Health Services Administrator, Medical Officer, and Mid-Level Practitioner. The Clinical Director, Medical Officer, Mid-Level Practitioner, and/or Bureau of Prison's (BOP) Physician(s) will retain professional responsibility for all patients referred to medical

Inmate Management

Provision of services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract’s scope of work abide by all rules to ensure their safety and well-being. The successful contractor shall attend the Institution Familiarization Orientation program prior to assuming institution involvement, consisting of approximately 4 hours and annually thereafter. The date and time for this orientation will be mutually agreed by both parties. Reimbursement to the contractor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The contractor may, at any time, be removed from the institution at the discretion of the CEO. The contractor is to constantly be aware of security and maintain a professional relationship with inmates at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed at the institution. The contractor will be required to provide documentation to the COR, or designee, of any infractions of institutional rules and regulations by inmates for proper action.

Institution Security

The contractor/contract employees shall agree to all regulations prescribed by the institution for the safety, custody, and conduct of inmates. The contract employee will be required to operate a system of records as identified for medical treatment documentation and will require adherence to the Privacy Act of 1974. The contract employee will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn at all times for proper identification.

Non-Personal Services/Common Law Employee Information

The BPA service is a contractual arrangement and not a personnel appointment. Payment is based on the provision of an end product or the accomplishment of a specific result. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored.

If the resulting BPA is made to an individual(s), the provision of these services has been determined to meet certain criteria for creating common law employee relationship. Therefore, the BOP is responsible for the payment of FICA taxes (7.65%) and the withholding of the individual’s taxes. These responsibilities apply only when award of this solicitation is made to an individual. It does not apply to companies or individuals who are incorporated. For evaluation purposes, an additional 7.65% will be added to the price submitted by individuals who are not incorporated.

Individuals authorized to purchase under the BP A: BPA calls/task orders may be issued by any properly warranted BOP Contracting Officer located at FMC Devens. BPA calls/task orders may be issued by any of the following methods: orally, facsimile, mail, or electronic commerce methods.

BPA Administration: Authority to negotiate changes in the terms, conditions, or amounts cited in this BPA is reserved to the Contracting Officer. In accordance with FAR 42.202, the contract administration office (CAO) for this BPA is hereby assigned to the Contracting Office at FMC Devens. This assignment carries with it the authority to perform all normal BPA administration functions listed in FAR 42.302(a) items 1 through 7, to the extent that those functions apply to this BPA. This assignment also includes delegation of authority to perform the functions specified in FAR 42.302(b) items 1 through 11.

Extent of obligation: The Government is obligated only to the extent of authorized purchases for services actually placed under this agreement via BPA calls/task orders. The maximum order threshold (if applicable or identified) specified in the contractor's FSS will not be exceeded.

Federal Medical Center Devens will only pay for services provided.

Delivery Tickets and Invoices: An itemized invoice shall be submitted on a per month basis or upon expiration the BPA, whichever occurs first, for all services received during a billing period to include total dollar values and from which payment has not been received. A proper invoice shall consist of:

• Name and address of the contractor;

• Invoice date and number;

• BPA Number: and applicable BPA Call number;

• Terms of any discount for prompt payment offered;

• Name and address of official to whom payment is to be sent;

• Name, title, and phone number of person to notify in event of defective invoice;

• Itemized list of services provided and dates of service.

The individual invoice will be paid once monthly. The period of discount will commence on the final date of the billing period or the date of the receipt of the invoice for all services accepted during the billing period, whichever is later. An invoice will be considered received on the date it is received by the Financial Management Department. These invoices are to be submitted to the following address:

Federal Medical Center Devens P.O. Box 880 Ayer, MA O 1432 Attn: Accounting Department or Dev-Accounting-S@Bop.Gov

Prices to be paid for services placed under this agreement shall not be higher than stated in the Schedule of Supplies/Services. The prices to the Government shall be as low as or lower than those charged the supplier's most favored customer for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment. The contractor will inform the CAO in writing of any existing price reductions which results in the FSS price falling below the BPA prices on all services that are identified as a contract line-item number (CLIN) on this BPA.

Furthermore, the contractor may at any time offer temporary one time or intermittent price deductions on any item identified in the BPA.

Option to Extend

FAR 52.217-8 is applicable. If FMC Devens requires more than the initial estimated maximum (CLIN 0001), FMC Devens will issue a modification to extended services (CLIN 0002).

Per, Bureau of Prisons Acquisition Policy (BPAP) 37/112-70 (d) (i) "Individual employees of any temporary help firm may work for up to 120 workdays in a 24-month period. The 24-month period begins on the first day of assignment. (ii) Agencies may make exceptions for individuals to work up to a maximum of 240 workdays only when the agency has determined that using the services of the same individual for the same situation will prevent significant delay"

Non-personal Status: The service is a contractual arrangement and not a personnel appointment. Payment is based on the provision of a specific result. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored.

This BPA is for RN Nursing services. The contractor will be 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. The contractor must indemnify the Government for any liability producing act of omission by the contractor, its employees and agents occurring during performance. The contractor must maintain medical liability insurance in the amount of $1,000,000 per occurrence/$3,000,000 aggregate. Any subcontracts for the provision of services must contain the requirements of the clause at FAR 52.237-7, "Indemnification and Medical Liability Insurance," including the maintenance of medical liability insurance.

Quality of Patient Care/Non-Discrimination: The professional service providers will provide Bureau patients under the terms of this BPA the same or equal services to those provided to non- Bureau patients. Professional service providers shall be provided within accepted professional standards.

The contractor agrees to make no distinction among patients under this BPA on the basis of race, color, creed, national origin, or physical condition. For this BPA, 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; 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 BPA; 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 potential legal liability of another person. 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".

Security and Investigative Requirements: The employees of the contractor entering the institution may be required to meet certain security requirements prior to entering the institution.

Primary concerns are the amount of contact that may occur between the contractor and his/her employees with the inmate population during the performance of the contract. Contractor employees are allowed access to the institution at the sole discretion of the Warden of the institution.

The contractor shall commence performance under this BPA by submitting required documentation to initiate security clearance no later than 10 calendar days from the effective date of award.

The program manager at FMC Devens is responsible for conducting the appropriate law enforcement check on all contractor staff that may need access inside the prison facility. The following investigative procedure will be performed:

(1) National Crime Information Center (NCIC) check;

(2) Declaration of Federal Employment (OF-306);

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of information;

(9) Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk);

(l 0) Credit Check, if applicable;

(11) Urinalysis, if applicable.

Quoters should also note that BP A clause 52.24-403-70, Notice of Contractor Personnel Security Requirements (Oct 2005) requires that contractor personnel have a "favorable credit report." Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to FMC Devens.

Privacy Act Notification: The BPA will require contracted staff to operate a system of records and maintain documentation that will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards for adult health care. The contractor and/or staff are not authorized to disclose this or any information pertaining to an inmate to any non-BOP source. Any requests for such information shall be forwarded to the Contracting Officer or COR for proper disposition.