9. Special Contract Conditions.pdf

Special Contract Conditions

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Updated: 09-20-2023 Page 1 of 4

Type of Contract: The Government contemplates the award of a requirements type contract with firm-fixed unit prices resulting from this solicitation.

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 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.

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

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Option Year 2

Option to Extend Services as authorized by FAR 52.217-8

The contractor shall commence full performance of healthcare delivery services for adults in custody in the community under this contract within 30 calendar days from the date of award or upon the effective date of the performance period, whichever is later.

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 and ACO.

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.

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.

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

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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 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 payment of care not reimbursed by the BOP. The contractor must forward all other requests for information to the COR.

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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/.

https://www.esrs.gov/