RFPP01221200001.pdf

U.S. Department of Justice

Federal Bureau of Prisons

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

October 2,2012

Re: RFPP01221200001, Comprehensive Medical Services Federal Correctional Institution (FCI) McDowell Welch, West Virginia

Dear Offeror:

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Comprehensive Medical Services for the Federal Correctional Institution (McDowell) located in Welch, West Virginia. Services to be provided include inpatient/outpatient facility services and professional services.

The solicitation package includes the following:

Cover Letter (2 pages) Table of Contents (1 page) Solicitation (47 pages) Attachments (28 pages)

The package contains a total of 78 pages and has all necessary information for submitting a proposal for evaluation.

When submitting a proposal, offerors should consider all information provided in the solicitation. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of proposals.

Sealed proposals shall be received on or before the deadline of November 15, 2012, at 2:00pm Central Time. Proposals shall be submitted to the following address:

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

Mailed and hand-carried proposals 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 on the first floor at the address listed above. Proposals received after the deadline will be processed in accordance with FAR 52.212-1(f).

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

If you have any questions or concerns, please contact me at (972) 352-4506.

Sincerely, IIsII

Kristi Sambrookes, Contract Specialist Federal Bureau of Prisons Field Acquisition Office

Enclosure mailto:ksambrookes@bop.gov

Table of Contents Section

Description

Solicitation/Contract Form

Commodity or Services Schedule

2.1 Contract Pricing/SDB Participation

2.2 Performance Work Statement

Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions (Feb 2012)

52.27-103-70 DOJ Residency Requirement Bureau of Prisons (June 2004)

52.218-000 Continuing Contract Performance During a Pandemic Influenza or Other

National Emergency (May 2008)

BOP Clause Evaluation of Contractor Performance Utilizing CPARS (APR 2011)

2852.201-70 Contracting Officer's Technical Representative (COTR)(Oct 2005)

52.216-18 Ordering (Oct 1995)

52.216-19 Order Limitations (Oct 1995)

52.216-21 Requirements (Oct 1995)

52.217-8 Option to Extend Services (Nov 1999)

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

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

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

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders- -Commercial Items (Aug 2012)

List of Attachments

4-1 Special Contract Conditions

Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors - - Commercial Items (Feb

2012)

5.1 Tailoring

5.2 Submission of Proposals

52.209-7 Information Regarding Responsibility Matters (Feb 2012)

52.216-1 Type of Contract (Apr 1984)

52.233-2 Service of Protest (Sep 2006)

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

52.27-103-71 Faith-Based and Community-Based Organization (Aug 2005)

5.3 Subcontracting Certification

52.212-2 Evaluation - - Commercial Items (Jan 1999)

52.212-3 Offeror Representations and Certifications (April 2012)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12,17,23,24, &30 0213-12 1 of 47

2 CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

RFPP01221200001 10/02/2012

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION

calls) LOCAL TIME

INFORMATION CALL: 11/15/2012

Kristi Sambrookes 972-352-4506 2:00 P.M. CT

9. ISSUED BY CODE FAO 10. THIS ACQUISITION IS ~ UNRESTRICTED OR U SET ASIDE % FOR:

Federal Bureau of Prisons o SMALL BUSINESS

WOMEN·OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

Field Acquisition Office 10 HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

U.S. Armed Forces Reserve Complex BUSINESS

EDWOSB 622110

346 Marine Forces Drive o SERVICE-DISABLED

SIZE STANDARD: VETERAN-OWNED

Grand Prairie, TX 75051 SMALL BUSINESS 0 8 (A) $34.5 million

11. DELIVERY FOR FOB DESTINA· 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS o 13a. THIS CONTRACT IS A

MARKED RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

o SEE SCHEDULE ORFQ OIFB [RjRFP

15. DELIVER TO CODE MCD 16. ADMINISTERED BY CODE IMCD

Federal Bureau of Prisons, FCI McDowell Federal Bureau of Prisons, FCI McDowell

101 Federal Drive, Welch, \fN 24801 101 Federal Drive, Welch, \fN 24801

17a. CONTRACTOR/ CODEI I FACILITY 16a. PAYMENT WILL BE MADE BY CODE IMCD

OFFEROR CODE

Federal Bureau of Prisons

FCI McDowell

ATTN: Accounts Payable

P.O. Box 1029

TELEPHONE NO. Welch, \fN 24801 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 16a UNLESS BLOCK o OFFER BELOW IS CHECKED o SEE ADDENDUM

19. 20. 21 22. 23 24.

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

Comprehensive Medical Services FCI McDowell

(Use Reverse andlor Attach Additiona/ Sheets as Necessary)

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

[Rl 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA o 27b CONTRACTIPURCHASE ORDER INCORPORATES BY REFERENCE FAR 52212-4. FAR 52212·5 IS ATTACHED. ADDENDA

[Rl ARE 0 ARE NOT ATTACHED o ARE 0 ARE NOT ATTACHED o 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___ o 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5). INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMSADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

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

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

19, ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21, QUANTITY

22, UNIT

23, UNIT PRICE

24, AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN oRECEIVED INSPECTED 0 ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32c, DATE 32d, PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g, E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33, SHIP NUMBER 36, PAYMENT 35. AMOUNT VERIFIED 37, CHECK NUMBER

CORRECT FOR

34, VOUCHER NUMBER

o COMPLETE o PARTIAL o FINALo PARTIAL DFINAL

38, SIR ACCOUNT NO. 40. PAID BY

41a, I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

39. SIR VOUCHER NUMBER

42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMMIDD) 142d TOTAL CONTAINERS

STANDARD FORM 1449 (REV, 2/2012) BACK

Section 2 - Commodity or Services Schedule

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY

Comprehensive Medical Services for the FCI located in 12.000000 Welch, WV. See Sections 2-1 Schedule of Items and 2-2 Performance Work Statement

UNIT

MO

UNIT PRICE

AMOUNT

Base Year:

from DOA

Date of Award (DOA) through 12 months

Comprehensive Medical Services for the FCI located in Welch, WV. See Sections 2-1 Schedule of Items and 2-2, Performance Work Statement

12.000000 MO $ $

Option Year 1:

DOA

13 months through 24 months from

Comprehensive Medical Services for the FCllocated in Welch, WV. See Sections 2-1 Schedule of Items and 2-2 Performance Work Statement 12.000000 MO $ $

Option Year 2: 25 months through 36 months from

DOA

Comprehensive Medical Services for the FCllocated in Welch, WV. See Sections 2-1 Schedule of Items and 2-2 Performance Work Statement

Option Year 3: 37 months through 48 months from

DOA

12.000000 MO $ $

Comprehensive Medical Services for the FCI located in Welch, WV. See Sections 2-1 Schedule of Items and 2-2 Performance Work Statement

I

0005 Option Year 4:

DOA

49 months through 60 months from • 12.000000

I

MO $ $

2-1 CONTRACT PRICING/SOB PARTICIPATION

BLOCK 19 THROUGH 24 - CONTRACT PRICING/SOB PARTICIPATION

Overview

Services are required to be provided in accordance with the Performance Work Statement included in this solicitation/contract. Offerors are required to submit, as a part of their business proposal, a completed copy of the Schedule of Items and Target for Participation of Small Disadvantaged Business Concerns.

Pricing Methodology

Price proposals will be calculated from benchmarks utilizing Medicare reimbursement methodologies. For each category of service to be provided, offerors will be allowed to propose a variance from the benchmark Medicare rate in the form of a discount from or a premium to Medicare rates established by the Centers for Medicare and Medicaid Services. The rates established in the resulting contract shall not be construed as participation in the Medicare program; contract rates will merely be equated to Medicare rates of reimbursement without reductions for deductibles, copayments, or coinsurance. When appropriate, outlier payments calculated in accordance with Medicare reimbursement methodologies shall be made in recognition of extremely costly stays. The outlier payment shall be calculated based upon the defined benchmark and will consist of the operating portion only. This structuring of the pricing methodology is not intended to be restrictive of any offeror; offerors need only to propose that percentage discount from or premium to the Medicare benchmark rate which will reflect the desired level of payment for the category of services rendered. If during contract performance, it is determined that a necessary contract deliverable is not covered by Medicare reimbursement methodologies, a separate rate shall be negotiated for such deliverable(s}.

Medicare Part A. The Medicare benchmark to be utilized for all services covered by Medicare Part A shall be the most current Basic MS-DRG payment (Le., Operating Federal Rate) established for CBSA Code 51 Rural Areas ~ West Virginia. The Basic MS-DRG calculation shall not include any provider-specific adjustments allowed under actual Medicare participation. Offerors may propose a discount from or a premium to Basic MS-DRG rates. (Refer to Attachment I of this solicitation)

Medicare Part B Physician Services and Non-Physician Services. The Medicare benchmark to be utilized for all physician and non-physician services covered by Medicare Part B shall be those rates established in the most current Medicare Part B Fee Schedule for Payment Locality 16 for West Virginia. The benchmark charges shall be those established for participating providers. Offerors may propose a discount from or a premium to the benchmark charges.

Medicare Part B Facility Services (including hospital outpatient services and ambulatory surgical centers).

The Medicare benchmark to be utilized for all facility services covered by Medicare Part B shall be the most current APC and ASC rates calculated for CBSA Code 51 Rural Areas - West Virginia. Offerors may propose a discount from or a premium to the benchmark charges.

Estimated Quantities

Estimated quantities for the base year and all option periods are detailed below. The estimated quantities provided are not a representation to the offeror/Contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal.

Inpatient and Outpatient Facility and Physician Services

Base Year - Date of Award (DOA) through twelve (12) months from DOA

Inpatient Days: Estimated 100 Days Outpatient Visits: Estimated 750 Visits

Option Year 1 - Thirteen (13) months through twenty-four (24) months from DOA

Inpatient Days: Estimated 100 Days Outpatient Visits: Estimated 750 Visits

Option Year 2 - Twenty-five (25) months through thirty-six (36) months from DOA

Inpatient Days: Estimated 100 Days Outpatient Visits: Estimated 750 Visits

Option Year 3 - Thirty-seven (37) months through forty-eight (48) months from DOA

I npatient Days: Estimated 100 Days Outpatient Visits: Estimated 750 Visits

Option Year 4 - Forty-nine (49) months through sixty (60) months from DOA

Inpatient Days: Estimated 100 Days Outpatient Visits: Estimated 750 Visits

Schedule of Items/Target for Participation of Small Disadvantaged Business Concerns

Offerors shall complete the following Schedule of Items and Target for Participation of Small Disadvantaged Business Concerns. All proposed pricing and participation targets will be evaluated in accordance with FAR 52.212-2, "Evaluation-Commercial Items" and "Evaluation of Proposals" Section 5-2 of this solicitation.

BASE YEAR

Date of Award (DOA) through 12 months from DOA

1a. Inpatient Facility Services: ___ Discount or +___ Premium to Medicare Part A

1b. Outpatient Facility Services: ___ Discount or +___ Premium to Medicare Part B

2a. Inpatient Physician Services: ___ Discount or +___ Premium to Medicare Part B

2b. Outpatient Physician Services: ___ Discount or +___ Premium to Medicare Part B

NOTE: IF OFFERING A VARIANCE FROM THE BENCHMARK MEDICARE RATE, INSERT

APPLICABLE "-/+" PERCENTAGE. IF NO VARIANCE, ENTER "0".

OPTION YEAR 1

13 through 24 months from DOA

1a. Inpatient Facility Services: ___ Discount or +___ Premium to Medicare Part A

1b. Outpatient Facility Services: ___ Discount or +___ Premium to Medicare Part B

2a. Inpatient Physician Services: ___ Discount or +___ Premium to Medicare Part B

2b. Outpatient Physician Services: ___ Discount or +___ Premium to Medicare Part B

NOTE: IF OFFERING A VARIANCE FROM THE BENCHMARK MEDICARE RATE, INSERT

APPLICABLE "-/+" PERCENTAGE. IF NO VARIANCE, ENTER "0".

OPTION YEAR 2

25 through 36 months from DOA

1a. Inpatient Facility Services: ___ Discount or +___ Premium to Medicare Part A

1b. Outpatient Facility Services: ___ Discount or +___ Premium to Medicare Part B

2a. Inpatient Physician Services: ___ Discount or + ___ Premium to Medicare Part B

2b. Outpatient Physician Services: ___ Discount or +___ Premium to Medicare Part B

NOTE: IF OFFERING A VARIANCE FROM THE BENCHMARK MEDICARE RATE, INSERT

APPLICABLE "-/+" PERCENTAGE. IF NO VARIANCE, ENTER "0".

OPTION YEAR 3

37 through 48 months from DOA

1a. Inpatient Facility Services: ___ Discount or +___ Premium to Medicare Part A

1b. Outpatient Facility Services: ___ Discount or +___ Premium to Medicare Part B

2a. Inpatient Physician Services: ___ Discount or +___ Premium to Medicare Part B

2b. Outpatient Physician Services: ___ Discount or + ___ Premium to Medicare Part B

NOTE: IF OFFERING A VARIANCE FROM THE BENCHMARK MEDICARE RATE, INSERT

APPLICABLE "./+" PERCENTAGE, IF NO VARIANCE, ENTER "0",

OPTION YEAR 4

49 through 60 months from DOA

1a. Inpatient Facility Services: ___ Discount or +___ Premium to Medicare Part A

'I b. Outpatient Facility Services: ___ Discount or +___ Premium to Medicare Part B

2a. Inpatient Physician Services: ___ Discount or +___ Premium to Medicare Part B

2b. Outpatient Physician Services: ___ Discount or +___ Premium to Medicare Part B

NOTE: IF OFFERING A VARIANCE FROM THE BENCHMARK MEDICARE RATE, INSERT

APPLICABLE 11./+" PERCENTAGE. IF NO VARIANCE, ENTER "0",

All offerors are hereby advised that the successful offeror's unit pricing (to include discount percentage from or premium percentage to the benchmark Medicare rate) for the base year and all option years is public information, in accordance with Federal Acquisition Regulation FAR 15.503(b)(1)(iv). Accordingly, all successful unit pricing will be released to unsuccessful offerors with the notification of award as well as to the general public when requested.

Any party who objects to the release of their own unit pricing information, should they be awarded a contract in response to this solicitation, should not submit proposal in response to the solicitation.

Target for Participation of Small Disadvantaged Business (SOB) Concerns

Offerors shall provide a participation target for utilization of small disadvantaged business (SDB) concerns (including jOint ventures, teaming arrangements, and subcontracts) performing within North American Industry Classification System Sector 62, Health Care and Social Assistance. The SDB participation target identified by the offeror will be incorporated into any resulting contract.

PartiCipation Target ____ percent

The above participation target will be achieved through performance by:

[ ] the Contractor, including joint venture partners and team members (target: _____,percent)

[ ] subcontractors (target: _____:percent)

Offerors are advised that, in accordance with FAR clause 52.219·25 entitled Small Disadvantaged Business

Participation Program--Disadvantaged Status and Reporting, in order to qualify for disadvantaged status under this clause, SOB concerns must be identified as such in the database maintained by the Small Business Administration (Pro~Net) or by contacting the SBA's Office of Small Disadvantaged Business Certification and Eljgibility.

SOB Reporting Requirements: In accordance with FAR 52.219-25, the Contractor shall report on the participation of SOB concerns. Reports may be on Optional Form 312, Small Disadvantaged Business Participation Report, or in the Contractor's own format providing the same information. This report is required upon completion of contracts containing SOB participation targets.

2-2 PERFORMANCE WORK STATEMENT

I. 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 218,000 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.

The defined 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 self-improvement 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 reflect 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 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 Welch. West Virginia, 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 Levell BOP facility. Care Levell is an intermediate classification on the four-level scale where Care Levell represents the healthiest inmates and Care Level IV represents inmates with serious health issues. Criteria for categorizing an inmate in the Care Levell Category is included as Attachment II. Despite this description of general health of the inmate population, needs for inmate healthcare may arise at any 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.

The FCI is located at 101 Federal Drive in Welch, West Virginia. 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 FCI. 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 FCI. 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 the BOP as a medical claims adjudicator. A possible conflict of interest may exist if the awardee has dual responsibilities for the submission of medical claims for services rendered under the resulting contract and for the adjudication 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 conflict of 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 of offerors 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 Section 5-2. Therefore, the Government may award any or all line items, may withhold award of any or all line items, or may award to an offeror who proposes less than the full complement of services contained in this solicitation. Accordingly, output items 1 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 1a and 1b.)

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 and 2b.)

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. 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 III.

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 control plan (QCP) for the FCl's approval. Once the QCP is approved by the FCI, the Contractor shall utilize the QCP to guide and rigorously document the implementation of the required management and quality control actions to achieve the specified output.

V. 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 to members of the general public.

Output #1 is an optional deliverable. However, if the offeror proposes to provide these services, the following minimum requirements apply. If proposed, 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, including emergency room services. Inpatient visits for non-emergency services shall require private room accommodations with available space for up to three armed or unarmed guards per inmate.

It is the FCI's preference to obtain the services of facilities that are accredited by the Joint Commission. Offerors utilizing facilities which maintain accreditation by the Joint Commission shall submit a copy of the current accreditation certificate as part of the offeror's technical proposal. If an offeror intends to utilize a facility which is accredited or certified by any other recognized professional accrediting body, the offeror shall submit documentation validating this accreditation or certification as a part of its proposal.

The offeror's technical proposal shall discuss in detail the diversity of services, as well as the proximity of facility providers to the FCI, that it is capable of providing 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 to members of the general public.

Output #2 is an optional deliverable. However, if the offeror proposes to provide these services, the following minimum requirements shall apply.

Community-Based Services

Professional services resulting from a BOP referral are necessary to be performed in a community-based setting (e.g., hospital facility, surgical center, physician's office, etc.). If proposed, the Contractor shall provide the services of profeSSional medical staff who have appropriate educational qualification, experience, licensure, and board certification (where required) to achieve Output #2. This output specifically excludes the provision of radiological interpretations of BOP-provided films, images, or other media.

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 and/or residences as appropriate.

Whenever possible, appointments for specialty care should be available within 14 calendar days from the date of referral to the specialty provider. This practice promotes the safety and security of the federal prisoner, the escorting correctional staff, and the general public. The medical urgency of any referral must receive consideration in the scheduling and delivery of professional services.

For prescriptions to be filled by the FCI pharmacy, contract providers shall only prescribe pharmaceutical drugs that are listed in the approved BOP Formulary. The BOP Formulary can be accessed at www.bop.gov/newsIlPDFs/formulary.pdf. Requests for exemptions shall be submitted to the Contracting Officer's Representative (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.

The offeror's technical proposal shall discuss in detail the diversity of services, as well as the proximity of professional providers to the FCI, that it is capable of providing to achieve Output #2.

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

Overview. Upon completion of a treatment encounter, 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.

Invoice/Medical Claims Adjudication. The FCI will employ a process of invoice/medical claims adjudication to ensure, at a minimum, that the services billed by the Contractor were properly authorized and ordered by the FCI, are appropriately coded in compliance with Medicare coding policies (where applicable), are properly priced in accordance with the terms and conditions of the contract, and do not represent duplicate billings for payments already made. In addition, the FCI may utilize the services of a third-party medical claims adjudicator to review medical claims submitted by the Contractor under this contract. When requested by the FCI, the Contractor shall comply with all reasonable requests for additional invoice/medical claim/medical record documentation. All invoice www.bop.gov/newsIlPDFs/formulary.pdf payments shall be made by the FCI and any disagreements regarding the paid amount of any invoice shall be resolved directly with the FCI.

Invoice Definitions. Line Items 1a -Inpatient Facility Services, 1b - Outpatient Facility Services, 2a Inpatient Physician Services, and 2b - Outpatient Physician Services: At the outset of this contract, an invoice for services rendered under Line Items 1 a, 1b, 2a, and 2b shall be a paper version of an invoice containing not more than 50 individual medical claims. Each invoice shall be supported with paper copies of Universal Billing (UB) 92 forms or Centers for Medicare and Medicaid Services (CMS) 1500 forms, as applicable, for each medical claim included in the invoice.

Following written notification to the Contractor by the Contracting Officer that a third-party medical claims adjudication service will be utilized by the FCI, an invoice for services rendered under Line Items 1 a, 1b, 2a and 2b, shall be a paper invoice detailing not more than 50 individual medical claims which have been electronically transmitted to the BOP's medical claims adjudicator via American National Standards Institute (ANSI) 837 format that also conforms to Medicare and Health Insurance Portability and Accountability Act of 1996 (HIPAA) electronic billing standards. For each medical claim included on the invoice, the Contractor shall reference, at a minimum, the following information: YREGDOC number, inmate name and register number, date of service, provider of service, billed code, and contract amount billed. Medical claims detailed in the invoice shall be listed first in descending order by the YREGDOC number, second in alphabetic order by the inmate's last name, and third by ascending date of service (I.e., earliest to latest) when more than one medical claim is present for the same inmate within the same invoice.

The Contractor shall not submit a medical claim for proceSSing that the Contractor knows or has reason to believe contains inaccurate, incomplete, or misleading information. Medical claims which contain inaccurate, incomplete, or misleading information shall be held by the Contractor and not submitted until such time as all lines are deemed to be accurate and complete. At that time, the Contractor may proceed with submitting the medical claim for processing and invoicing the FCI for all services represented by that medical claim.

Provider Information.

Submission of Provider Data to the BOP's Medical Claims Adjudicator: Within ten calendar days after notification that a third party medical claims adjudication service will be utilized by the FCI, the Contractor shall provide the BOP's medical claims adjudicator with a complete list of provider information, which will enable the medical claims adjudicator to accurately identify the correct payable amount for any provider performing services under the contract. Specific informational requirements are provided in Attachment IV. Provider information supplied to the BOP's medical claims adjudicator should be appropriately marked to identify the data as proprietary information so that it may be adequately protected by the BOP and its contracted medical claims adjudicator.

Provider information shall be submitted directly to the BOP's medical claims adjudicator. As individual providers are added to the Contractor's network, the Contractor shall provide the information listed in Attachment IV to the medical claims adjudicator no less than three business days prior to filing medical claims electronically for services rendered by such new providers.

National Provider Identifier (NPI) Numbers: The Contractor shall utilize only providers who have a current National Provider Identifier (NPI) number.

Electronic Trading Partner Agreement. The BOP will execute the Electronic Trading Partner Agreement with the medical claims adjudicator (Attachment V). The Contractor shall partiCipate in the medical claims adjudication process described herein as a "Business Associate" of the BOP. As a Business Associate, the Contractor agrees to abide by all terms of the Trading Partner Agreement as it pertains to Business Associates.

Technical Data for Submission of Medical Claims. Prior to the submission of an invoice to the FCI, the Contractor shall electronically transmit the information found on each individual invoiced medical claim via ANSI 837 format only, to the BOP's medical claims adjudicator. After the Contractor's electronic transmission to the BOP's medical claims adjudicator, the Contractor shall promptly submit a paper copy of the invoice to the FCI. The Contractor will also post the ANSI 837 file in an FTP site set up and maintained by the BOP's medical claims adjudicator. The only exceptions to the electronic filing requirement shall be corrected medical claims for professional services. Address information for the submission of a paper medical claim to the BOP's medical claims adjudicator is provided in Attachment VI, along with other pertinent details.

Procedures for Filing Corrected Medical Claims.

Facility Services: If it becomes necessary to file a corrected medical claim for facility services, the Contractor shall electronically transmit the information found on each individual corrected medical claim via ANSI 837 format only, to the BOP's medical claims adjudicator. After the Contractor's electronic transmission to the BOP's medical claims adjudicator, the Contractor shall promptly submit a paper copy of the invoice or credit memo, as applicable, to the FCI. Invoices for corrected medical claims shall be clearly marked as such and shall be separate from routine invoices. Invoices or credit memos for corrected medical claims shall detail information pertaining to the original medical claim submission (including any amount(s) previously paid and the associated invoice numbers) and shall bill only for the corrected medical claim submission or reflect the credit amount due for the corrected medical claim submission.

Physician/Professional Services: If it becomes necessary to file a corrected medical claim for physician/professional services, the Contractor shall submit the corrected medical claim in hard copy (i.e., paper) format to the BOP's medical claims adjudicator. The word "CORRECTED" shall be prominently displayed on the paper medical claim. After the Contractor's submission to the BOP's medical claims adjudicator, the Contractor shall promptly submit a paper copy of the invoice or credit memo, as applicable, to the FCI. Invoices for corrected medical claims shall be clearly marked as such and shall be separate from routine invoices. Invoices or credit memos for corrected medical claims shall detail information pertaining to the original medical claim submission (including any amount(s) previously paid and the associated invoice numbers) and shall bill only for the corrected medical claim submission or reflect the credit amount due for the corrected medical claim submission.

Payment by the FCI. The FCI will pay all invoices directly to the Contractor. If the invoiced amount of a medical claim exceeds the adjudicated amount of that medical claim, the FCI will take an administrative deduction from the invoice. The FCI will provide written notification to the Contractor when an administrative deduction is taken from an invoice payment.

If the Contractor is in disagreement with the paid amount of a medical claim, the Contractor will provide written notification to the FCI of the disagreement along with supporting documentation for why the Contractor believes the medical claim was paid incorrectly. The FCI will interface between the Contractor and the medical claims adjudicator to bring resolution to any disagreements. If it is determined that a medical claim was paid incorrectly by the FCI, interest on the underpayment will be paid when required by the Prompt Payment Act.

Timeliness of Medical Claims. Medical claims shall be submitted/invoiced within gO calendar days after an inmate's discharge or outpatient encounter or other service provided under this contract. Medical claims which are submitted/invoiced beyond the gO-day requirement shall constitute a performance deficiency under this output and shall be documented in the Contractor's performance evaluations. Medical claims 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/reinvoiced by the Contractor within 30 calendar days from the date of rejection. Upon resubmission, invoices for corrected medical claims shall bear the new date of submission.

No later than November 1 of each year, the Contractor shall stimulate the billing process by reviewing its records, including those of subcontracted providers, to determine an estimated amount of outstanding charges for services provided through September 30 of that year. Based upon information generated through this review process, the Contractor shall provide a written estimate to the FCI of outstanding fiscal year obligations, supported by adequate documentation. This estimate and supporting documentation shall be provided to the Contracting Officer no later than December 1 of each year. The Contractor shall put forth its best efforts to ensure the accuracy of the annual estimate provided to the Government.

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 BOP staff shall have access to and obtain copies of all inmate 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 FCI 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 FCI in order to enhance inmate recovery as well as continuity of care. For inpatient admissions, a faxed report documenting treatment plans will be submitted to the FCI Medical Records Department no later than 8 am each day. This form with the requested information will be provided to the Contractor by the FCI. At the completion of treatment, the Contractor shall provide the FCI with documented discharge instructions, as provided by the attending physician. Copies of all lab, x-ray, ekg, progress notes and emergency room working 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 10 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 health 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 FCI to ensure that only those services ordered by the institution 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. All FCI referrals shall be the sole responsibility and decision of the Government. No inmate may be transferred to another medical facility, with exception of emergency cases, without advanced approval by authorized FCI medical staff.

VI. Enhancements to the Basic Contract ReqUirements

Offerors are encouraged to propose enhancements to the basic contract requirements which will facilitate the FCI's ability to conform to the BOP's stated mission. Due to security concerns inherent in transporting an inmate into the community for medical care, it is the FCI's preference to treat inmates within the confines of a secure perimeter whenever possible. Offerings which assist the FCI in mitigating security concerns are considered beneficial to the Government and will be evaluated for merit. Enhancements are not additional line items. Pricing for offered enhancements must be absorbed in the line item structure established within Section 2-1. Offerings of enhancements that are separately-priced line items will not be considered or accepted. The Government reserves the right to reject any offered enhancements that are determined not to be in the best interest of the Government.

The offeror'S technical proposal shall discuss in detail any such enhancements proposed, including relevant terms and a detailed discussion of the merits of offered enhancements.

VII. Inmates Who Release from BOP Custody

Offerors are advised that the BOP retains responsibility only for inmates in the custody of the BOP. The BOP's responsibilities, including fiscal responsibilities, end with the inmate's release from custody. Once released from custody, the former inmate will become personally liable for any further medical treatment received. When an inmate's term of commitment expires while the inmate is in inpatient status in a contracted facility, the BOP will use its best effort to notify the Contractor in advance of the inmate's projected release date. In preparation of a pending release from BOP custody, the Contractor shall provide planning assistance to an inmate who requires continuing or follow-up medical care that extends beyond his or her projected release date.

Should an inmate's release date come while in inpatient status in a contracted hospital, the inmate's place of conviction and/or legal residence is outside the local area, and there are no other entities assuming custodial responsibility for the inmate, the BOP will accept financial responsibility for the inmate's medical care until the BOP can satisfy its obligation provide release transportation for the inmate.

Section 3 - Contract Clauses or more clauses by reference, with the same

GOlltrarCi:irlo Offic~r ""{II make their fu II text available.~r~(),the i,EIE~ctrji.'lriic;ally at this/these addressees}: http://www.acqujsition~9ovlta(:

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions - - Commercial Items (Feb 2012)

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 Full Text

52.27-103-72 DOJ 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 commitment, 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; or

3. 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 information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm

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

[End of Clausel

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR O"rHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our Contractor workforce will experience the same high levels of absenteeism 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 level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also http://www.opm.gov/employ/html/citizen.htm http://www.acqujsition~9ovlta 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 service.

• 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 remote 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.

extended telework 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 accomplish work.