Final_Version-Questions_in_response_to_Amendment_12.pdf

Question Answer

1. Site Specific Critical Staffing - How is the deduction applied when there is no monthly billables per labor category at an individual facility?

For example: Florence – (MLP) has only 1 FTE and 50% critical thresholds or Tacoma (MHP) has only 1 FTE and 66% critical thresholds. If you are unable to fill this one position, there will be no billing for a MLP. How will you calculate and apply deductions?

1. Deductions (if any) are applied the amount invoiced per site, for all labor categories at that site. In the Florence example, the Florence portion of the monthly invoice would include the cost for all contract staff at Florence.

Deductions are applied to that amount only.

2. Can the Government define the calculation of monthly withholdings within the QASP document itself?

2. An example has already been provided in the Q & A.

3. We request that the Government explain in more detail how filing claims against the contractor for costs associated with unused bed-space is not a double penalty? Or subject to variables outside of the control of the contractor such as security?

a. Please explain the methodology and timeline that the government will use to determine that unused bed-space is due to factors “directly associated” to the contractor’s failure to meet critical staffing levels. How does the Government plan to account for other variables which may contribute to unused beds?

b. What is the ratio of labor category vacancy to unused bed-space that is used to support claims against the contractor for costs associated with unused bed-space?

c. Please define “guaranteed minimum bed-space” and is it anticipate this number will remain constant through the duration of the Contract.

3. The unused bedspace would not be a double penalty because whatever damages suffered by the government were not used in the calculations.

The Contracting Officer considered the impact on price, competition and contract administration as well as the feedback from the vendors interested in submitting a proposal for this requirement and concluded that the deduction for the loss of bedspace should not be included in the calculation of the deductions for less than full performance and the deductions for critical staffing levels because of how rarely it occurs.

The deductions as a result of less than 100% staffing are intended to cover the damages to the government for the loss of medical personnel that has dropped below the optimal level to maintain full compliance and quality of care at the sites.

a. The Government will consider reasonable variables impacting the situation prior to taking a deduction due to unused bedspace.

b. The critical staffing levels have been identified on the attachment.

c. As referenced in FAR 16.504(a)(1), “The contract must require the Government to order and the contractor to furnish at least a stated minimum quantity of supplies or services.” Additionally, as referenced in FAR 16.504(a)(2) “To ensure that the contract is binding, the minimum quantity must be more than a nominal quantity, but it should not exceed the amount that the Government is fairly certain to order.”

A guaranteed minimum bed is one that ICE agrees to pay for whether occupied by a detainee or not.

4. Reference Site Specific Critical Staffing Levels (Amendment 12): The Site-Specific Critical Staffing Level chart shows a critical staffing level of 75% for a Contract Manager at Dilley Family Residential Center. We are unable to locate a requirement to provide or price a separate Contract Manager for the Dilley Family Residential Center. Additionally in responses to questions (Amendment 1) the Government stated “The Government will update the Contract to replace the Contract Manager with the Contract Coordinator position in an amendment.” The Amendment 1 J-13 Medical Staffing Pricing revised replaced the Contract Manager with the Contract Coordinator position.

Question: Will the Government please remove the Contract Manager from the Site-Specific Critical Staffing Level chart?

Appendix I – Site Specific Critical Staffing Levels will be amended to replace Contract Manager with Contract Coordinator.

5. Reference Site Specific Critical Staffing Levels (Amendment 12) and QASP (Amendment 12): The QASP groups providers into logical classifications (LVN/LPN; RN; MLP; MHP;

Techs/Assistants; MD/DO-DDS-Pharm). The Site Specific Critical Staffing Levels and associated Critical Threshold Levels deviate significantly from the QASP approach. For example, at the Alexandria Transfer Center the staffing includes one (1) Pharmacy Technician with a 66% critical threshold level; three (3) Medical Record Technicians with a 33% critical threshold level; and two (2) Radiology Technicians with a 50% critical threshold level.

Question: Will the Government please revise the Critical Staffing Level Chart to reflect an overall critical staffing level for provider groups as shown in the QASP?

The Government chooses not to revise the critical staffing level chart to reflect an overall critical staffing level for provider groups as shown in the

QASP.

The Critical Staffing Levels document is meant to be used when all previous measures to ensure adequate staffing have failed, creating a critical staffing shortage at any single facility.

Each discipline will be evaluated individually if a vendor’s tech/assistants staffing level falls below 82%. The position categories (Administrative Assistant, Dental Assistant, Dental Hygienist, Medical Assistant, Medical Records Technician, Certified Nursing Assistant, Pharmacy Technician, and Radiology Technician) have been evaluated by the Government and the levels provided are the minimum acceptable level to continue operations 24/7/365.

The above methodology will be applied to the MD/DO/DDS/Pharm. Labor category also. Once any sites’ MD/DO/DDS/Pharm labor category fill rate falls below 75% each of the component labor categories will then be assessed against the Site Specific Critical Staffing Levels.

The deductions for critical staffing levels will be deducted at the discretion of the CO. The Vendor may present a short term solution to remedy (Vendor TDY, Use of a single provider for more than one location, etc.) the issue. The request for an exception must be presented in writing. If approved by the COR/CO the deductions may be waived.

6. QUESTION: How the Government will compute whether the contractor is exceeding the "20% part-time or temporary assigned staff threshold"? Can the Government clarify the waiver requirement and 20%-rule do not apply in the instance of temporary backfill of full-time staff on leave?

Reference: J-2_QASP 5/5/2016 *Staffing.

The 20% Rule is further clarified in the QASP under Definitions.