CRW GRS Solicitation Packet.pdf

U.S. Department of Justice Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

RE: Request for Quote 15BFA022Q00000100 Gender Reassignment Services Federal Medical Center (FMC) Carswell

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of Gender Reassignment Services for FMC Carswell located in Fort Worth, Texas. This package contains all necessary information to submit a quote.

Quoters should consider all information provided herein when submitting quotes. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quotes.

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 for Commercial Items. Paragraph (t), System for Award Management (SAM), of this clause requires that all quoters doing business with the Federal Government to be registered in the SAM database. Quoters should include their Unique Entity Identifier (UEI) number in their quote. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardees UEI number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitations, each quoter’s SAM registration should include NAICS code 621111.

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

Quotes shall be received on or before the deadline of October 10, 2022, at 2:00pm Central Standard Time. Quotes shall be submitted electronically via email to k1cole@bop.gov and bop-adm-fao-cms-s@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted. Please submit any questions you may have in writing. Questions may be submitted via email to k1cole@bop.gov.

Sincerely, Kathy Cole, Contracting Officer Field Acquisition Office http://www.aptac-us.org/ mailto:k1cole@bop.gov mailto:bop-adm-fao-cms-s@bop.gov mailto:k1cole@bop.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

15B50522PR000264

5. SOLICITATION NUMBER

15BFA022Q00000100

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/26/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Kathy Cole K1cole@bop.gov

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

10/10/2022 2:00 CT

CODE BFAO

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

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 621111

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B505CODE15. DELIVER TO

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

CODE 15B50516. ADMINISTERED BY

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

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

BCRWCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FMC Carswell

PO BOX 27066

Fort Worth, TX 76127

Accounting CRW-PurOrderBus-S@bop.gov

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

FMC Carswell Gender Reassignment Surgery Firm Fixed Price

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Kathy Cole

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

972-352-4523

X X

X 1

15BFA022Q00000100

$11,000,000

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Gender Reassignment Surgery Breast Augmentation with Implant

PSC: Q523

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Gender Reassignment Surgery Bottom Surgery - penile inversion vaginoplasty with native tissue graft

PSC: Q523

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Genital Hair Removal in Preparation for GRS Surgery, price per treatment, estimated amount (6)

PSC: Q523

6 EA $________ $_________________

15BFA022Q00000100

Continuation of Standard Form 1449

Overview

Services are required to be provided in accordance with the Performance Work Statement included in this solicitation/contract.

Section 2.1 – Pricing Methodology________________________________________________

Quoters are required to submit, as part of their quote, a completed copy of Section 2, “Commodity or Services Schedule.” The quantity of services to be provided by the Contractor is estimated. These estimates are not a representation to a quoter or contractor that the estimated quantities will be required or ordered, or that conditions affecting requirements will remain stable or normal. Quotes shall be inclusive of all hospital/physician costs, pre/post-op appointments, and any necessary medical equipment/devices prescribed by the contractor such as, but not limited to, dilators and compression garments.

For award purposes, the Government will evaluate quotes based on the total price of all CLINs.

2.2 Performance Work Statement_________________________________________________

Background

The Federal Bureau of Prisons (FBOP) was established in 1930 to provide more progressive and humane care for Federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration. Today, the FBOP is responsible for the custody and care of approximately 157,708 Federal offenders. The Federal prison system is a nationwide system of prisons and detention facilities for the incarceration of inmates who have been sentenced to imprisonment for Federal crimes and the detention of individuals awaiting trial in Federal court.

It is the mission of the FBOP to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

As an agency under the Executive Branch of the United States Government, the FBOP receives an annual appropriation of funds to accomplish its assigned mission. The public trust demands that this annual appropriation be prudently managed. Thus, dollars spent to maintain the health of the inmate population, to include Gender Reassignment Surgery (GRS), must reflect the agency’s best efforts to obtain cost-effective health care consistent with community standards.

In meeting the health care needs of a growingly diverse inmate population, the FBOP provides essential medical, dental, and mental health services to Federal inmates with FBOP resources.

To encompass both the medical and mental health needs, the FBOP, when defined standards are met by the inmate, will provide GRS. GRS will not only provide the physical needs for the inmate but will include the mental health needs as well throughout the outlined procedure. When an inmate meets the required threshold of being approved for GRS, and those services cannot be provided within prison walls by FBOP resources, referrals are then made to community-based providers. It is the goal of this solicitation to establish a contractual agreement that will provide necessary professional and facility services for both inpatient admissions and outpatient encounters for GRS for an inmate incarcerated at the Federal Medical Center (FMC) Carswell, located in Fort Worth, Texas, who has been approved for GRS surgery.

The FBOP intends to make a single award to a responsible entity for the provision of GRS for an inmate incarcerated at FMC Carswell. The specific services will include GRS (male-to-female) top and bottom surgical procedures as thoroughly detailed in the outputs below. The FBOP anticipates the surgeries will include breast augmentation with implants, and penile inversion vaginoplasty with native tissue graft. Ancillary services may include laser hair removal at appropriately timed intervals or electrolysis hair removal.

In evaluating offers, Community Based providers shall be located within a 75-mile radius of FMC Carswell.

II. Statement of Output

Within this Performance Work Statement (PWS), necessary services are described in terms of output rather than specific task assignments. The FBOP desires a single award to the quoter who can provide the best value, considering the diversity of available services and price, among other criteria specified in the solicitation. Therefore, the Government may award any or all line items, may withhold award of any or all line items, or may award to a quoter who quotes less than the full complement of services contained in this solicitation. Quoters are encouraged to submit comprehensive proposals committing to provide all outputs listed in the solicitation. Quoters who quote less comprehensive approaches will be evaluated accordingly.

Output #1: Provide inpatient and outpatient facility services which conform to community standards and all local, state, and Federal laws and regulations applicable to the delivery of health care regarding GRS services.

Output #2: Provide professional services which conform to community standards and all local, state, and Federal laws and regulations applicable to the delivery of health care regarding GRS patients.

Output #3: Submit properly priced invoices for each procedure rendered.

Output #4: Manage medical record information in a manner which promotes continuity of care while observing restrictions on the release of information.

Output #5: Maintain open avenues of communication, facilitating the exchange of information between the contract provider, contract facility, and the Government regarding the contract services.

III. Compliance with Contract Requirements

The Contractor’s efforts under this contract shall be monitored to ensure that the required output is achieved. The Government reserves the right to inspect and evaluate in a reasonable manner all services rendered during the performance of this contract. The Contractor’s performance will be measured by the Government utilizing the outcome measure indicators provided in Attachment 1, Performance-Based Outcome Measures.

The FBOP requires the contractor to implement and maintain quality control measures sufficient to meet the FBOP’s performance requirements. The Contractor is responsible for all management and quality control actions necessary to meet the quality standards set forth by this contract. Prior to commencing performance, the Contractor shall develop and submit a quality assurance surveillance plan (QASP) to the Contracting Officer for the FMC’s approval.

IV. Specific Requirements

Output #1: Provide inpatient and outpatient facility services which conform to community standards and all local, state, and Federal laws and regulations applicable to the delivery of health care regarding GRS services.

Throughout the performance of this contract, the Contractor shall not utilize any provider that appears in the List of Excluded Individuals/Entities (LEIE) maintained by the U.S. Department of Health & Human Services.

If quoted, the Contractor shall provide facility services on an as-needed basis in a manner which adheres to community standards of quality and cost-effective medical care. The services required to satisfy Output #1 may include inpatient facility and outpatient facility services. Inpatient visits for GRS services shall require private room accommodations with available space for up to two armed or unarmed guards for the inmate. The facility shall be located within 75-miles of FMC Carswell.

Quoters utilizing facilities which maintain accreditation by the Joint Commission shall submit a copy of the current accreditation certificate as part of the quoter’s technical proposal. If a quoter intends to utilize a facility which is accredited or certified by any other recognized professional accrediting body, the quoter shall submit documentation validating this accreditation or certification as a part of its proposal.

The quoter’s technical proposal shall discuss in detail the diversity of services, as well as the proximity of facility providers to the FMC, that it can provide to achieve Output #1.

Output #2: Provide professional services which conform to community standards and all local, state, and Federal laws and regulations applicable to the delivery of health care regarding GRS services.

Throughout the performance of this contract, the Contractor shall not utilize any provider that appears in the List of Excluded Individuals/Entities (LEIE) maintained by the U.S. Department of Health & Human Services.

Community-Based Services

Professional services resulting from an FBOP referral for GRS (and GRS associated approved procedures) are necessary to be performed in a community-based setting (e.g., hospital facility, surgical center, physician’s office, etc.). The Contractor shall provide the services of professional medical staff who have appropriate educational qualifications, experience, licensure, fellowships and board certification (where required) for GRS related procedures to achieve Output #2.

Quoters shall provide a detailed technical plan describing a care plan of how top surgery, bottom surgery, and hair removal will be accomplished, along with a detailed timeline which demonstrates the quoter’s understanding of the requirements. This output specifically excludes the provision of radiological interpretations of FBOP-provided films, images, or other media.

The Contractor shall provide the resume or curriculum vitae (CV) of the physician(s) performing the surgery(ies). This should include the physician’s years of experience and number of successful GRS related procedures they have performed. Any disciplinary actions from a medical licensing body in regards to the performing physician(s) must be disclosed within the submittal.

Documentation of adequate medical liability insurance specific to the performing physician(s) must also be submitted (minimum of 1 million dollars per occurrence and 3 million dollars aggregate.) In addition, all facilities in the Dallas/Fort Worth metroplex area in which the performing physician is affiliated should be listed within the submittal.

If requested by the Contracting Officer, the Contractor shall be required to document primary source verification of the credentials for each provider including current license from the appropriate State Board of Medical Examiners, education from professional schools or universities, evidence of completion of internships, fellowships and/or residencies, as appropriate.

The quoter shall provide a technical Preoperative/Postoperative-Surgical Plan for Male-to- Female Surgery for the approved case by the FBOP. Every effort should be made for appointments for GRS services care to be available within 30 calendar days from the date in which surgery is approved. This practice promotes the safety and security of the federal prisoner, the escorting correctional staff, and the public. The medical urgency of any referral must receive consideration in the scheduling and delivery of professional services.

The quoter must provide a complete description of all services pertaining to male-to-female surgical procedure listed below.

Male-to-Female Surgical Procedures:

1. GRS Breast Augmentation (e.g., mammaplasty) with implant

Physicians, also referred to as surgeons, who perform surgical treatments for Gender Reassignment Surgery shall be fellow trained and/or board-certified physicians. For the purpose of this PWS, the appropriately credentialed physician will be referred to as “physician” or “surgeon”.

Physicians who perform surgical treatments for gender dysphoria should be competent in their assessment to assure appropriate criteria are met per The World Professional Associates for Transgender Health (WPATH) “Standards of Care.” Furthermore, physicians should educate and provide patients with different surgical techniques available, advantages and disadvantages of each, limitations, and ideal results, as well as any inherent risks and possible complications of each of the various techniques. Physicians should obtain appropriate informed consent from each patient.

Surgeons should provide immediate aftercare and consultation with other physicians serving the patient in the future.

2. GRS Genital Surgery Penile Inversion Vaginoplasty with Native Tissue Graft

Physicians, also referred to as surgeons, who perform surgical treatments for Gender Reassignment Surgery shall be fellow trained and/or a board-certified physician.

Physicians who perform surgical treatments for gender dysphoria should be competent in their assessment to assure appropriate criteria are met per WPATH “Standards of Care.” Furthermore, physicians should educate and provide patients with different surgical techniques available, advantages and disadvantages of each, limitations, and ideal results, as well as any inherent risks and possible complications of each of the various techniques. Physician should obtain appropriate informed consent from each patient.

Genital surgical procedures for the Male-to-Female patient may include penile inversion vaginoplasty with native tissue graft.

Surgeons should provide immediate aftercare and consultation with other physicians serving the patient(s) in the future.

3. Ancillary genital hair removal in preparation for GRS procedure

If the provider accurately identifies a need for hair removal based on approved GRS procedures/ techniques, services will be provided for necessary genital hair removal utilizing FDA approved modalities (laser, electrolysis, etc.). The provider will apply these procedures at clinically appropriate intervals and durations to achieve desired hair removal prior to GRS. Also, the provider will manage pain during procedures, and any follow-up care needed with any potential side-effects of adverse reactions.

The quoter must provide a post-surgical plan for the patient and a schedule of follow-up appointments for the next 12-months.

Any necessary medical equipment/devices prescribed by the contractor such as, but not limited to, dilators or compression garments shall be pre-approved by the Contracting Officer’s Representative (COR) and provided by the contractor.

For prescriptions to be filled by the FMC pharmacy for GRS inmates, the contract providers shall only prescribe pharmaceutical drugs that are listed in the approved FBOP Formulary. The FBOP Formulary can be accessed at www.bop.gov/resources/pdfs/formulary.pdf. Requests for exemptions shall be submitted to the COR, who shall obtain the required approvals. As part of the Discharge Instructions, the issuance of sample medication to any Federal inmate shall be prohibited.

http://www.bop.gov/resources/pdfs/formulary.pdf

Output #3: Submit properly priced invoices for services rendered.

Overview. Upon completion of each procedure, the Contractor shall prepare and submit proper invoices for services rendered under this contract. For the purpose of this contract, a specific definition for what documentation constitutes an invoice is provided below. A proper invoice shall include the information specified in FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items, paragraph (g). Services shall be invoiced in accordance with the terms and conditions of the contract, including the payment rate structures specified in the contract. The contractor’s pricing for the services shall be inclusive of all appointments, including pre-operative and post-operative appointments.

Invoices shall be submitted/invoiced within 90 calendar days after an inmate’s discharge or outpatient encounter or other service provided under this contract. Invoices which are submitted/invoiced beyond the 90-day requirement shall constitute a performance deficiency under this output and shall be documented in the Contractor’s performance evaluations. Invoices which are submitted/invoiced within the acceptable time period, but are found to contain errors or require further justification, will be rejected and shall be resubmitted/re-invoiced by the Contractor within 30 calendar days from the date of rejection. Upon resubmission, corrected invoices shall bear the new date of submission.

Payment by the FMC. The FMC will pay all invoices directly to the Contractor. The FMC will provide written notification to the Contractor when an administrative deduction is taken from an invoice payment. Any disagreements regarding the paid amount of any invoice shall be resolved directly with the Contracting Officer.

Output #4: Manage medical record information in a manner which promotes continuity of care while observing restrictions on the release of information.

Upon request, authorized FBOP staff shall have access to and obtain copies of the inmate’s medical records and evaluation and treatment reports prepared and maintained by the contract facility and/or contract providers. Inmate medical records will be subject to review by the FMC for validation of payment and verification of services rendered. Release of information shall only be made in accordance with community standards, Joint Commission regulations, and the Privacy Act of 1974. Any request(s) for copies of an inmate's medical records by the inmate or a third party shall be directed to the COR for processing.

Notwithstanding the above restrictions on the release of information, medical record information shall be provided to the FMC to enhance inmate surgery recovery as well as continuity of care.

For inpatient admissions, a faxed report documenting treatment plans will be submitted to the FMC Medical Records Department no later than 8 am each day. This report will be provided to the Contractor by the FMC. At the completion of treatment, the Contractor shall provide the FMC with documented discharge instructions, as provided by the attending physician. Copies of all labs, x-rays, EKGs, and progress notes shall also accompany the patient or be faxed immediately to the COR. A written report by the attending physician which documents the circumstances of the inpatient treatment, outpatient procedure, or other consultation shall be provided to the COR within ten business days of the inpatient discharge, outpatient procedure, or other consultation. All lab and consultations pending at time of discharge shall be faxed to the COR upon receipt but not later than ten calendar days past discharge.

Output #5: Maintain open avenues of communication, facilitating the exchange of information between the contract physician, contract facility, and the Government regarding the contract services.

The Contractor shall provide a Point of Contact (POC) who shall be responsible for facilitating the Contractor’s delivery of GRS services under this contract. The POC shall have sufficient clinical knowledge to enable preliminary technical consultation, with referral to a specialist if necessary. The Contractor shall designate this individual in writing to the Contracting Officer prior to the start date of the contract. Alternate POC’s may be designated; however, the Contractor must identify those times when an alternate shall be the primary POC (i.e., after-hours and weekend referrals).

There shall be an open line of communication between the Contractor, its representatives, and the FMC to ensure that only those services ordered by the institution for GRS services are provided, unless required for intervention in a life-threatening emergency. In the event of a life-threatening emergency, the Contractor shall contact the COR within a 24-hour time period or the next normal working day.

A contract provider may discuss with the inmate patient only the diagnosis and possible treatment options directly related to the written consultation provided by the FMC. The contract provider should not guarantee any future treatment to the inmate or discuss future appointment dates. All consultant recommendations should be sent to the COR at the FMC for review by the Primary Care Provider Team (PCPT) and/or Clinical Director (CD). The FBOP PCPT and/or CD is under no obligation to follow consultant recommendations.

Lastly, all patient care information and/or treatment plans will be reviewed by the PCPT/CD and the final disposition will be relayed to the inmate in accordance with FBOP policies and procedures. In the event further care is approved, the Contractor will be notified by the FMC.

The Contractor shall not perform any treatment/procedures unrelated to the reason for consultation without receiving prior authorization from the FMC.

(End of Performance Work Statement)

Section 2.3 – Special Contract Conditions__________________________________________

Type of Contract: The Government contemplates a single award of a purchase order with firm-fixed unit prices resulting from this solicitation. It is anticipated the purchase order resulting from this solicitation will be awarded in November 2022 and with an anticipated effective date of award (EDOA) of December 1, 2022.

Non-Personal Services Information: This 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 task. 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. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

Pursuant to FAR 37.401, the resulting contract shall be a non-personal health care 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 health care services contain the requirements of the clause the FAR 52.237-7 including the maintenance of medical liability insurance.

Reviews: The Contracting Officer 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 Contracting Officer or other representative of the FBOP.

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 Contracting Officer or COR, whichever is appropriate. The provider shall furnish medical information including a narrative summary when requested by the Contracting Officer or designee.

Privacy Act Notification: The Purchase Order 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-Bureau source. Any requests for such information shall be forwarded to the Contracting Officer or COR for proper disposition.

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

Contract Administration Office (CAO): The Contracting Office at FMC Carswell is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 70; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official: The purchase order in the form of a SF-1449 may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FMC Carswell with an appropriate certificate of appointment. The purchase order will identify the services schedule for that period. Order can be issued orally, by facsimile, mail, or electronic commerce methods.

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

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

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

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

Comprehensive General Liability: $500,000 per accident or occurrence for bodily injury. This insurance shall include contractor's protective and liability.

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 Contracting Officer 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 Contracting Officer, 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 Contracting Officer 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.

Quality of Patient Care/Non-Discrimination: The hospital and professional service providers will provide FBOP patients under the terms of this contract the same or equal services to those provided to non-FBOP 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 FMC, to provide health care and report requested medical record and financial information to the FBOP. The FBOP will use the information for financial, legal, research, and health care procedures.

Disclosure of this information may be made by the FBOP 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

FBOP.

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

Quote Submission Instructions:

Quotations shall be submitted on or before the solicitation deadline specified in Block 8 of the Standard Form 1449, page 1 of this solicitation. Quotes shall be submitted via e-mail to K1cole@bop.gov and carbon copy (cc:) to BOP-ADM-FAO-CMS-S@bop.gov.

The information requested below must be submitted by contractors and received before the solicitation response date and time. If any of the following information is not received, the Contracting Officer may elect to deem quotes non-compliant or request the required information from one or any of the Contractors, whichever is most advantageous to the Government, at the discretion of the Contracting Officer.

Documentation to be submitted with Quote:

Each quoter shall complete and submit the following forms, provisions, and statements with the quotation.

1. Contractors must include a statement on a letterhead confirming compliance with all of the requirements outlined in the Performance Work Statement;

2. Standard Form 1449 / Schedule of Items/Contract Pricing;

3. Completed Solicitation Provisions:

• 52.212-3, Offeror's Representations and Certifications, if different than SAM record;

• 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Oct 2020).

4. Past Performance Questionnaire (Attachment 2);

5. Copy of required insurance;

6. Point of contact information for a financial reference to include Bank Name, Address, Phone, Email address, and Contact Person.

System for Award Management (SAM):

All potential quoters are advised that this solicitation includes the clause at FAR 52.212-4 Contract Terms and Conditions- Commercial Products and Services which at paragraph (t), SAM, requires all contractors doing business with the Federal Government after to be registered

15BFA022Q00000100

mailto:K1cole@bop.gov mailto:BOP-ADM-FAO-CMS-S@bop.gov in the SAM database. Quoters should include their Unique Entity Identifier (UEI) in their quotations. 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 outlined in this clause may result in elimination from consideration for award.

If you have questions about the SAM, Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

Evaluation and Award Methodology:

This acquisition will be procured in accordance with FAR Part 12 – Acquisition of Commercial Products and Commercial Services and Part 13 – Simplified Acquisition Procedures. The Government intends to make a single award to a quoter, pursuant to an affirmative determination of responsibility, whose quotation, conforming to requirements of the solicitation, is determined to be the best value to the Government considering technical, price, and past performance history.

Price: Price shall be evaluated utilizing the total aggregate pricing offered in accordance with the schedule of items on page 2. See Required Documents to be Submitted in Quote Submission Instructions #2.

Past Performance: Past Performance shall be evaluated based on relative information available to the Contracting Officer. See Required Documents to be Submitted with Quote #4. Evaluation of past performance may be based on one or more of the following:

• The contracting officer’s knowledge of and previous experience with the service being acquired;

• Customer surveys, and past performance questionnaire replies;

• The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov; or

• Any other reasonable basis.

Technical: The technical evaluation shall be based on the documentation which supports a Quoter's ability to perform in accordance with the terms and conditions of this solicitation.

Freedom of Information Act:

The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests to Federal Agencies for copies of quotes from other than Government sources.

http://www.aptac-us.org/ https://www.cpars.gov/

The quoter should identify information in its quote it believes should be withheld from these sources, on the basis it consists of "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (exemption (b) (4) of the FOIA). This identification will assist in the decision by a responsible federal official to disclose or withhold the requested information.

If a quoter considers elements of its quote to be exempt under FOIA, ensure the following notice is annotated on the title page of the quote:

Elements 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 this basis is contained on pages .

The quote must annotate each individual item it considers privileged or confidential under the FOIA exemption 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 a quote not designated may be subject to automatic public disclosure if it is requested under the FOIA. It must be emphasized that under the FOIA no information is automatically exempt from public disclosure. However, no disclosures will be made without careful evaluation, giving due regard to the need for safeguarding material considered privileged or confidential by the quoter. It is Department of Justice policy to withhold whenever possible material that is genuinely privileged or confidential.

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2021)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021)

Clauses By Full Text

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

(a)Michaela Chano Health Services Administrator FMC Carswell (817) 782-4253, is hereby designated as the Contracting Officer's Representative (COR) under this contract.

(b)The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the

15BFA022Q00000100 Page 6 of 46 contractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)

(a) Definitions. As used in this clause--

"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

"Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

"Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction

(CNSSI) 4009).

"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

"Safeguarding" means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements.