RFPP01071200001.pdf

u.s. Department of Justice

Federal Bureau of Prisons

Field Acquisition Office u.s. Armed Forces Reserve Complex Grand Prairie, Texas 75051

April 20, 2012

Re: Request for Proposal (RFP) RFPP01 071200001, Comprehensive Medical Services, FCI Cumberland Cumberland, Maryland

Dear Offeror:

Accompanying this cover letter is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office in Grand Prairie, Texas, for the acquisition of Comprehensive Medical Services for the Federal Correctional Institution located in Cumberland, MD.

The solicitation package includes the following:

Cover Letter (2 pages)

SF1449 (2 pages)

Table of Contents (1 page)

Solicitation (10 pages)

Attachments (80 pages)

Services to be provided include inpatient/outpatient facility services, inpatient/outpatient physician services, and outpatient institution services. This package contains all the necessary information for submitting a proposal for evaluation.

In submitting proposals, offerors should consider all information provided herein.

Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of proposals. Detailed information can be located in Attachment 4 of the solicitation.

Sealed offers shall be received on or before the deadline of June 26, 2012, 2:00pm Central Time. Offers shall be submitted to the following address:

Dennis Chinnici, Contract Specialist

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, Texas 75051

Mailed and hand-carried offers must be delivered to the Contracting Officer or Contract Specialist at the address shown above no later than the time specified as the deadline for receipt of proposals. The official point of receipt for hand-carried proposals will be in the receptionist's area of the first floor at the address listed above. PLEASE DO

NOT SUBMIT OFFERS TO ANY LOCATION OTHER THAN THE ONE LISTED

ABOVE. Offers received after the deadline will be processed pursuant to FAR 52.212-1 (f).

Please place any questions you may have in writing and fax them to (972) 352-4545 to my attention or email at dchinnici@bop.gov. We will consider all questions received and provide responses, where appropriate.

If you have any other questions, please feel free to call me at (972) 352-4651.

Sincerely, //s// Dennis Chinnici, Contract Specialist Federal Bureau of Prisons Field Acquisition Office

Enclosure mailto:dchinnici@bop.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1 REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

RFPP01071200001

6. SOLICITATION ISSUE

DATE

04/20/2012

7. FOR SOLICITATION

INFORMATION CALL: ,..

a. NAME

Dennis Chinnici

b. TELEPHONE NUMBER (No collect calls)

972-352-4651

8. OFFER DUE DATE/

LOCAL TIME

06/26/2012 2:00pm CT

9. ISSUED BY CODE L...:...F_A...;O__--...110. THIS ACQUISITION IS ~ UNRESTRICTED OR U SET ASIDE % FOR:

D WOMEN-OWNED SMALL BUSINESS -- F d I B f P . e era ureau 0 nsons SMALL BUSINESS D (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

Field Acquisition Office D HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS

US Armed Forces Reserve Complex BUSINESS D EDWOSB 622110 346 Marine Forces Drive InILJ VETERAN-OWNED

SERVICE-DISABLED

SIZE STANDARD:

Grand Prairie, Texas 75051 SMALL BUSINESS D 8 (Al $34.5 million

11. DELIVERY FOR FOB DESTINA 12. DISCOUNT TERMS 13b. RATING

TION UNLESS BLOCK IS 13a. THIS CONTRACT IS A

MARKED

D SEE SCHEDULE

RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

DRFQ DIFB ~RFP

15. DELIVER TO CODE CUM 16. ADMINISTERED BY CODE ICUM

1....:...-----...1 1....:...____ Federal Bureau of Prisons, FCI Cumberland, Federal Bureau of Prisons, FCI Cumberland, 14601 Burbridge Rd., SE., Cumberland, MD 21502 14601 Burbridge Rd., SE., Cumberland, MD 21502

17a. CONTRACTOR! CODE I I FACILITY lea. PAYMENT WILL BE MADE BY CODE ICUM

OFFEROR '----------' CODE '---------I 1..-----

Federal Bureau of Prisons FCI Cumberland 14601 Burbridge Rd., SE.

Cumberland, MD 21502

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 1ea UNLESS BLOCK

D OFFER BELOW IS CHECKED D SEE ADDENDUM

19. 20. 21 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Comprehensive Medical Services - FCI Cumberland

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

~ 27a. SOLICITATION INCORPORATES 8Y REFERENCE FAR 52.212-1.52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ~ ARE D ARE NOT ATTACHED

D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4 FAR 52.212-518 ATTACHED. ADDENDA DARE D ARE NOT ATTACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___ D 29 AWARD OF CONTRACT REF. OFFER

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

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 OFFERORICONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACT/NG OFF/CER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31 b. NAME OF CONTRACTING OFFICER (Type or print)

Dennis Chinnici, Contracting Officer, FAO

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR (48 CFR) 53.212

RFPP01071200001 Page 2 of 13

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _____________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED

GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

DCOMPLETE DPARTIAL DFINAL

37. CHECK NUMBER

D PARTIAL D FINAL

38. SIR ACCOUNT NO. ~9. SIR VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

I42d. TOTAL CONTAINERS 42c. DATE REC'D (YYIMMIDD)

STANDARD FORM 1449 (REV. 10/2010) BACK

RFPP01071200001 Page 3 of 13

Table of Contents

Section Description

1 Solicitation/Contract Form

2 Commodity or Services Schedule

3 Contract Clauses

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004).............................. , 2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

A.l5 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency

(May 2008)

4 List of Attachments

5 Solicitation Provisions

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005) ... 12

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

RFPP01071200001 Page 4 of 13

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Comprehensive Medical Services for the Federal Correctional Institution located in Cumberland, Maryland. See Attachment #1, Performance Work Statement, and Attachment #2 Schedule of Items.

Base Year: Effective Date of Award (EDOA) through twelve months from EDOA.

12.000000 MO 1$ 1$

0002 Comprehensive Medical Services for the Federal Correctional Institution located in Cumberland, Maryland. See Attachment #1, Performance Work Statement, and Attachment #2 Schedule of Items.

Option Year 1: 13 months through 24 months from EDOA.

12.000000 MO $ 1$

0003 Comprehensive Medical Services for the Federal Correctional Institution located in Cumberland, Maryland. See Attachment #1, Performance Work Statement, and Attachment #2 Schedule of Items.

Option Year 2: 25 months through 36 months from EDOA.

12.000000 MO $ $

0004 Comprehensive Medical Services for the Federal Correctional Institution located in Cumberland, Maryland. See Attachment #1, Performance Work Statement, and Attachment #2 Schedule of Items.

12.000000 MO $ $

Option Year 3: 37 months through 48 months from EDOA

0005 Comprehensive Medical Services for the Federal Correctional Institution located in Cumberland, Maryland. See Attachment #1, Performance Work Statement, and Attachment #2 Schedule of Items.

Option Year 4: 49 months through 60 months from EDOA.

12.000000 MO $ S

RFPP01071200001 Page 5 of 13

Section 3 - Contract Clauses

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercialltems FEB 2011

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

~2.252~2~Li\USES 'INCORPORAlJ!;D BY REFERENCE (FEB 1998)

...... c '~. ..

rr'hiscontract incorporates one or more clauses by reference, with.the same force and effect as.if they ,~~~~~in full teXt.

Upon request, theep,ntta~tilig Officer«iill make their full text available. Also, the full text ofa clausem~.y"be ascessed

!electronically atjhislthese address( es): www.acquisition.$pv/far

Clause rritle

52.253-1 Computer Generated Forms (Jan 1991)

52.237-2 Protection Of Government Buildings. Equipment, And Vegetation (Apr 1984)

52.232-18 Availability Of Funds (Apr 1984)

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

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.212-4 Contract Terms and Conditions--Commercialltems Feb 2011

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

Clauses by Full Text

52.24-403-70 Notice ofContractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.l. Long-Term Contractor Personnel:

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 con tractor employee whose background investigation (Bl) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic ture ID);

b. Contractor Personnel must appear in person at least once before a DOl official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be

RFPP01071200001 Page 6 of 13 documented by the 001 official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

• Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivitylrisk level;

and 5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/ risk level.

A badge may be issued following approval of the above waiver requirements.lfthe NAC is not received within five days ofOPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau ofInvest igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short Term Contractor Personnel:

It is the policy of the 001 that short-term contractors having access to 001 information systems andlor 001 facilities or space for six months or fewer are subject to the identity proofing requirements listed in items lao and lb. above. The pre-appointment waiver re quirements for short-term contractors are:

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; C. Favorable credit report, if required;5 and d.

Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensur ate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is suance. This process can only be used once for a short-term contraetor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to 001 information systems andl or 001 facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex ample, the water delivery contraetor that delivers water one time each week and is working on a one-year eontract.

b. Contractors requiring intennittent access should follow the Department's escort policy. Please reference the August 11,2004, and lanuary 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac cess.

c. Due to extenuating circumstances, if a component requests unescorted access or 001 IT system access for an intem1ittent eontract or, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a 001 facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. 4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOl's BI requirements.

5. The DOl's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publieations/fips/fips20 lIFIPS-20 1-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to 001 information systems andlor 001 facilities or space for six months or longer. The PlY -I identity proofing process, including initiation and adjudication of the required background investiga tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level I, a favorable review of a credit check is required as part of the pre appointment waiver package.

www.csrc.nist.gov/publieations/fips/fips20

RFPP01071200001 Page 7 of 13

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code" 3" must be placed in block" B " of the " Agency Use Only" section of the investigative form. This report is available for all case types.

5 .For contractors in position sensitivity/risk levels above levell, a favorable review of a credit check is required as part of the pre appointment waiver package.

[End of Clause]

52.27-103-72 DOl CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commit ment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform ation regarding allied countries: http://www.opm.gov/employ/htmllcitizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of ficer may exercise the option by written notice to the Contractor within the current performance period.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount ofless than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(l) Any order for a single item in excess of the estimated quantities within the current performance period as identified in Attachment 2;

(2) Any order for a combination of items in excess of the estimated quantities within the current performance period as identified in Attachment 2; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para graph (b)(1) or (2) ofthis section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula tion (FAR», the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shalt not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue http://www.opm.gov/employ/htmllcitizen.htm

RFPP01071200001 Page 8 of 13 orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un der this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or serviees from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con tractor within the time speeified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con tractor shall not be required to make any deliveries under this contract after the last day of the effective contract period.

(End of clause)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective contract period through the last day of the effective contract period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the current performance period;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number ofdays is inserted] before the contract expires. The preliminary notice does not commit the Government to an ex tension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, but excludes the exercise of any option under the clause 52.217-8, Option to Extend Services, which is incorporated into this contract in full text.

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exer cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercise~ until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

(a) Mr.lMs. Richard Shook ofFCI Cumberland 14601 Burbridge Rd SE, Cumberland, MD, 21502,301-784-1000, is hereby desig nated to act as Contracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con tract 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 COTR does not have the authority to alter the contractor's obligations under the contract, andlor modify any of the expressed

RFPP01071200001 Page 9 of 13 terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent con tractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or spe cific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this con tract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence:

*$1,000,000.

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its in surability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an ex tended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such en dorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or matcrial change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contract or must provide evidence that the Government will be indemnificd to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(1) The Contractor shall insert the substance of this clause, including this paragraph (1), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph

(a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contract ing Officer evidence of such insurance.

(End of clause)

* Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medic al specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests.

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a haz ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir ing safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the pres ence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, dis covers the existence ofan unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will consti tute a dispute under the Disputes clause of this contract.

(1) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and

RFPP01071200001 Page 10 of 13 local laws, codes, ordinances and regulations (including the obtaining oflicenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

A.IS Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable levcl during emcrgency periods.

The Office of Personnel Managcment (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergeney periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are:

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health ser vice.

• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful re mote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended tele work period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accom plish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform all duties aSSigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknow ledging the contractor's notification. The incumbent contractor is responsible for aSSisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

[END OF ADDENDUM TO FAR 52.212-4]

RFPP01 07120000 1 Page 11 of 13

Section 4 - List of Attachments

Exhibits and Attachments Identifier Title Number of

Pages 1 Attachment 1 - Performance Work Statement 8 2 Attachment 2 - Schedule of Items/SDB Participation 9 3 Attachment 3 - Special Contract Conditions 6 4 Attachment 4 - Tailoring and Instructions to Offerors 8 5 Attachment 5 - Medical Classification - Care Level Criteria 1 6 Attachment 6 - Performance-Based Outcome Measure Indicators 2 7 Attachment 7 - Technical Proposal Summary Sheets 3 8 Attachment 8 - Past Performance Questionnaire 5 9 Attachment 9 - Subcontract Certification 1 10 Attachment 10 - List of Provider Informational Requirements 1 11 Attachment 11 - Informational Requirements for Medical Claims 1 12 Attachment 12 - Electronic Trading Partner Agreement 115 13 Attachment 13 - Additional Clauses 16 14 Attachment 14 - Additional Provisions 15

52.212-1

RFPP01071200001 Page 12 of 13

Section 5 - Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors--Commercial Itemsm 2011

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.

refi,rerlce. with satn(!{()rce and:~f'f~@tasiftli~y were

, fhe<:::on.tractingOfficer will m<l,ketheirful1.text available .. 'ihe offeroris~autionedjhat the complet@:by the offeror and 8ubmittedwith l its 'll1otati~nor o~r. ID.lteu visions, the offeror may identitY the provision by pai~€raph id~~tifier,~d provide the

~~i(~~itb"ilts q'uotat1()U oroffer. Also, theWll taid ofa solicitation:provisionmay be ae:c;cssed

Instructions to Offerors--Commercial Items (Feb 2011)

Provisions by Full Text

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

Faith-based and Community-based organizations can submit offers/bids/quotations equally with other organizations for contracts for which they are eligible.

[End of ProvisionJ

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award ofa indefinite delivery (requirements) type with firm fixed unit pricing contract resulting from this solicitation.

(End ofprovision)

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.10 I of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Procurement Executive, Federal Bureau of Prisons, 320 First Street, NW, Suite 5005, Washington, DC 20534.

(b) The copy ofany protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

RFPP01071200001 Page 13 of 13

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity ofthe Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a con tract or by the failure to award a contract.

(b) A protest filed directly with the Department of Justice must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protest or is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The decid ing official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the pro tester for any legal fees related to the agency protest.

0) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.1 03(f). The stay or suspen sion, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The de cision may be oral or written.

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

[END OF ADDENDUM TO FAR 52.212-1]

RFPPOI071200001

Attachment #1

BLOCK 20 - PERFORMANCE WORK STATEMENT

l. Background

The Federal Bureau of Prisons (BOP) 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 BOP is responsible for the custody and care of approximately 2 I S,OOO 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 detertion of individuals awaiting trial in Federal court.

The detined mission of the BOP is as follows:

It is the mission of the Federal Bureau of Prisons 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 selfimprovement opportunities to assist offenders in becoming law-abiding citizens.

As an agency under the Executive Branch of the United States Government, the BOP 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 must refi:ct the agency's best efforts to obtain cost-effective health care consistent with community standards.

In meeting the health care needs of a growing inmate population, the BOP provides essential medical, dental, and mental health services to Federal inmates by BOP staff. When a medical need arises which cannot be provided within prison walls by BOP staff, referrals are then made to community-based providers. It is the goal of this solicitation is to establish a contractual agreement that will provide necessary professional and facility services for both inpatient admissions and outpatient encounters.

The Federal Correctional Institution (hereinafter referred to as FCI) located in Cumberland, Maryland, intends to make a single award to a responsible entity for the provision of Comprehensive Medical Services as set forth in this solicitation/contract. The FCI currently houses male inmates. The FCI is presently identified as a Care Level II BOP facility. Care Level II is an intermediate classification on the four-level scale where Care Level I represents the healthiest inmates and Care Level IV represents inmates with serious health issues. Criteria for categorizing an inmate in the Care Level II category is included as Attachment#5. Despite this description of the general health of the inmate population, however, needs for inmate healthcare may arise atany time, in any specialty, and any level of complexity. Classification and designation of inmates is the sole responsibility of the BOP and may be changed at any time without consideration to the Contractor.

In evaluating offers, the Government will evaluate the proximity of the proposed community-based providers, in addition to other factors, and give preference to those providers located nearest the FC!. Although a mileage restriction has not been placed on this acquisition, the Government reserves the right to determine that the proposed driving distances/conditions to community-based providers pose an unacceptable cost or security risk and to find such offers unacceptable.

II. Organizational Conflict of Interest

The objective of this solicitation is to satisfy the BOP's requirement for the provision of health care to the inmates of the FC!. A potential organizational conflict of interest may arise if the awardee is an entity which also holds or participates in a separate contract/agreement with lhe BOP as a medical claims adjudicator. A possible conflict of interest may exist if the awardee has dual responsibilities for the submission of proper medical claims for services

Page 1 of8 rendered under the resulting contract and for the adjudicatbn of those medical claims under a separate contract/agreement with the BOP.

Offers received from any firm which holds or participates in a separate contract/agreement for BOP medical claims adjudication services must address any potential organizational contlictof interest that may arise and must provide a detailed explanation of how such conflicts will be avoided. Offers received from any firm which holds or participates in a separate contract/agreement for BOP medical claims adjudication services which fail to adequately address/resolve potential conflicts of interest will be rejected without further consideration. This limitation on the eligibility ofofferors has been imposed as authorized by Federal Acquisition Regulations (FAR) 9.506.

III. Statement of Output

Within this Performance Work Statement (PWS), necessary services are described in terms of output rather than specific task assignments. The BOP desires to make an award to the offeror who can provide the best value, considering the diversity of available services and price, among other criteria specified in Attachment #4, Section III.

Therefore, the Government may award any or all line items, may withhold award of any or alliincitems or may award to an offeror who proposes less than the full cOOlplement of services contained in this solicitation.

Accordingly, output items I and 2 are optional deliverables while output items 3, 4, and 5 are applicable to all services provided. Offerors are encouraged to submit comprehensive proposals committing to provide all output listed in the solicitation. Offerors who propose 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 to members of the general public. (Cross-reference pricing categories I.)

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 to members of the general public. (Cross-reference pricing categories 2a, 2b, and 2c).

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

IV. Compliance with Contract Requirements

The Contractor's efforts under this contract shall be monitored to ensure that the required output is achieved.