RFPP02051300004_Dialysis_and_Nephrology_Services_FMC_Devens _MA.pdf

Field Acquisition Office

July 25, 2013 u.s. Depart'Vt of Justice

Federal Bureau of Prisons Administration Division

Grand Prairie, Texas 75051

Re: Request for Proposal RFPP02051300004- Dialysis/Nephrology Services Federal Bureau of Prisons Federal Medical Center (FMC) Devens, Massachusetts

Dear Offeror:

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Dialysis/Nephrology Services for inmates at FMC Devens located in Ayer, Massachusetts. This package contains the following:

Cover Letter (2 pages and 2 attached forms) Solicitation ( 44 Pages) Attachments ( 16 Pages)

The package contains a total of 64 pages and has all necessary information for submitting a proposal for evaluation.

When submitting a proposal, 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.

A site visit is scheduled for Tuesday, August 20, 2013 at 9:00am. Please meet in the front Lobby of the Federal Medical Center Devens, Ayer, Massachusetts. If you plan to attend, the two (2) attached forms to this cover letter must be completed and submitted to FMC Devens before Wednesday August 7, 2013 at 2:00 pm. You may email the completed forms to csouza@bop.gov or fax to 978-796-1131. Any forms received after the deadline (August 7, 2013 at 2:00 pm)will not be accepted. NO EXCEPTIONS! No questions will be answered during the site visit; therefore, please submit any questions generated during the site visit to the local contracting officer at the conclusion of the site visit.

The questions and answers will be posted to the FBO website.

Sealed offers shall be received on or before the deadline of September 5, 2013, at 2:00p.m. local Central time. Proposals shall be submitted to the following address:

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

Mailed or hand-carried proposals must be delivered to the 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 the first floor reception area. PLEASE DO NOT SUBMIT

PROPOSALS TO ANY OTHER LOCATION OTHER THAN THE ONE LISTED ABOVE.

Proposals received after the deadline will be processed pursuant to FAR 52.212-l(f).

Please place any questions you may have in writing and fax them to (972) 352-4545 to my attention or email at rkelemencky@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) 352-4529.

Sincerely, /Is// Raymond J. Kelemencky, Contract Specialist Federal Bureau of Prisons Field Acquisition Office

Enclosure

BP-S660. 012 NCIC CHECK CDFRM

MAR 99

U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS

AUTHORIZATION FOR RELEASE OF INFORMATION

NCIC (National Crime Information Center) CHECK

I hereby authorize a representative of the Federal Bureau of Prisons to obtain any information on my criminal history background. I understand that this check must be done before I am allowed to enter/serve at any Bureau facility. I also understand that refusal to provide all necessary information may result in 1) denial of entry into a Bureau facility and 2) denial of volunteer/contract status.

1. Name (Last, First, Middle)

2. Address (Street address) (City, State, County, Zip Code)

3. Home Telephone Number (Area Code, Number):

4. Aliases/Nickname:

5. Citizenship (List the country you are a citizen of):

6. Social Security Number:

7. Date of Birth (Month, day, year):

Sa. Sex: 8b. Race:

Be. Height: 8d. Weight:

Be. Color of Eyes: Sf. Color of Hair:

9. Place of Birth (City, State, County), (List city, county and country if outside the U.S.A)

10. The above listed information is true and lOa. Date correct. Applicant's Signature

PRIVACY ACT NOTICE

Authority for Collecting Information: E.O. 10450; 5 USC 1303-1305; 42 USC 2165 and 2455; 22 USC 25B5 and 2519; and 5 USC 3301

Purposes and Uses: Information provided on this form will be furnished to individuals in order to obtain information regarding activities in connection with an investigation to determine ( 1) fitness for Federal employment, (2) clearance to perform contractual service for the Federal Government, {3) security clearance or access. The information obtained may be furnished to third parties as necessary in the fulfillment of official responsibilities.

Effects of Non-disclosures: Furnishing the requested information is voluntary, but failure to provide all or part the information may result in lack of further consideration for employment, clearance or access, or in the termination of your employment.

NAME:

ADDRESS:

CONTRACTOR PRE-EMPLOYMENT FORM

FMC Devens, Massachusetts

SOCIAL SECURITY NUMBER:

Do you know or are you related to anyone who is currently an inmate in this or any other correctional institution? Yes No

If yes, please provide names, locations, relationships and describe any current or anticipated contact with the inmate(s).

Are there any criminal charges currently pending against you? Yes --- No ---

If so, please provide charge, date arrested, court dates, docket numbers, and any other pertinent details.

Are you now or have you ever been incarcerated or under correctional supervision (including home detention, probation, work release, etc)? Yes No

CERTIFICATION: I certify that all of the statements made on these pages are true, complete and correct to the best of my knowledge and belief and are made in good faith.

Signature Date

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

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0136-13 44

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

DATE DATE

RFPP02051300004 07/25/2013

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

7. FOR SOLICITATION calls) LOCAL TIME

INFORMATION CALL: 09/05/2013 ~ Raymond Kelemencky, Contract Specialist 972-352-4529 2:00pm local

9. ISSUED BY CODE BFAO 10. THIS ACQUISITION IS D UNRESTRICTED OR D SET ASIDE %FOR:

Federal Bureau of Prisons [8j SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS ---

D (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

Field Acquisition Office D HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

346 Marine Forces Drive BUSINESS

621492 0EDWOSB

Grand Prairie, TX 75051 D SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 0 8 (A) $35.5 million

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

TION UNLESS BLOCK IS 0 13a. THIS CONTRACT IS A

MARKED RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

0 SEE SCHEDULE nRFQ OIFB [8jRFP

15. DELIVER TO CODE BDEV 16. ADMINISTERED BY CODE IBDEV

Federal Medical Center (FMC) Devens Federal Medical Center (FMC) Devens

42 Patton Rd., Ayer, MA 01432 42 Patton Rd., Ayer, MA 01432

17a. CONTRACTOR/ CODE I I FACILITY 18a. PAYMENT WILL BE MADE BY CODE IBDEV

OFFEROR CODE

Federal Bureau of Prisons FMC Devens PO Box 880 Ayer, MA 01432

TELEPHONE NO.

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

OFFER BELOW IS CHECKED 0 SEE ADDENDUM

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

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

1 Dialysis and Nephrology Services for the Federal Medical Center (FMC) located in Ayer, Massachusetts. See Section 2.1 Schedule of Items and Performance Work

Statement (PWS)

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

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

Funds will be obligated by individual task orders.

(8] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1,52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

0 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-515 ATTACHED. ADDENDA

(8] ARE 0 ARE NOT ATTACHED

DARE 0 ARE NOT ATTACHED

0 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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

Raymond Kelemencky, Contract. Officer, FAO

STANDARD FORM 1449 (REV. 212012}

Prescribed by GSA- FAR (48 CFR) 53.212

Section

Table of Contents Description

Solicitation/Contract Form

Commodity or Services Schedule

2.1 Contract Pricing

2.2 Performance Work Statement

Contract Clauses A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions (Feb 2012) 52.24-403-70 Notice of Contractor Personnel Security Requirements (Oct 2005) 52.27-103-72 DOJ Residency Requirement Bureau of Prisons (June 2004) 52.218-000 Continuing Contract Performance During a Pandemic Influenza or Other

National Emergency (May 2008) 2852.233-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 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) 52.232-99 Providing Accelerated Payment to Small Business Sub-contractors (Deviation)

(Aug 2012) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) 52.212-5 Contract Terms and Conditions Required to Implement Statues or

Executive Orders- -Commercial Items (Nov 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) 52.212-2 Evaluation-- Commercial Items (Jan 1999) 52.212-3 Offeror Representations and Certifications (Nov 2012)

RFPP02051300004

Section 2 - Commodity or ltrvices Schedule

SCHEDULE OF SUPPLIES/SERVICES

ITEM NO.

CONTINUATION SHEET

SUPPLIES/SERVICES

Dialysis and Nephrology Services for FMC Devens located in Ayer, MA. See Sections 2-1 Schedule of Items and 2-2 Performance Work Statement.

Base Year: Date of Award (DOA) through 12 months from DOA Hemodialysis Treatments Peritoneal Dialysis Days

Dialysis and Nephrology Services for FMC Devens located in Ayer, MA. See Sections 2-1 Schedule of Items and 2-2 Performance Work Statement.

Option Year 1: 13 months through 24 months from

DOA

Hemodialysis Treatments Peritoneal Dialysis Days

Dialysis and Nephrology Services for FMC Devens located in Ayer, MA. See Sections 2-1 Schedule of Items and 2-2 Performance Work Statement.

Option Year 2: 25 months through 36 months from DOA (estimated Leap Year based on anticipated DOA) Hemodialysis Treatments Peritoneal Dialysis Days

Dialysis and Nephrology Services for FMC Devens located in Ayer, MA. See Sections 2-1 Schedule of Items and 2-2 Performance Work Statement.

Option Year 3: 37 months through 48 months from

DOA

Hemodialysis Treatments Peritoneal Dialysis Days

Dialysis and Nephrology Services for FMC Devens located in Ayer, MA. See Sections 2-1 Schedule of Items and 2-2 Performance Work Statement.

Option Year 4: 49 months through 60 months from

DOA

Hemodialysis Treatments Peritoneal Dialysis Days

Page 3 of44

RFPP02051300004

QUANTITY

15,564 4,080

15,564 4,080

15,621 4,102

15,564 4,080

15,564 4,080

UNIT UNIT PRICE AMOUNT

Est. $ $ Est. $ $

Est. $ $ Est. $ $

Est. $ $ Est. $ $

Est. $ $ Est. $ $

Est. $ $ Est. $ $

2-1 CONTRACT PRICING

BLOCK 19 THROUGH 24- CONTRACT PRICING

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 Schedule of Items and Target for Participation of Small Disadvantaged Business Concerns.

Pricing Methodology:

Pricing shall be submitted on a per treatment basis for hemodialysis and a per day basis for peritoneal dialysis based upon the quantities estimated below. These quantity estimates are not a representation to an offeror or contractor that the estimated quantity will be required or ordered or that conditions affecting requirements will be stable or normal. Pricing shall include all costs of providing the Dialysis and Nephrology Services in accordance with the Performance Work Statement, to include but not limited to al indicated supplies, equipment, staffing, supervision, and professional fees.

Schedule of Items

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

1. Hemodialysis: 15,564 estimated treatments X $ ____ ___:/treatment=$ Estimated

2. Peritoneal Dialysis: 4,080 estimated days X$ /daily rate per inmate=$ Estimated

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

1. Hemodialysis: 15,564 estimated treatments X $ ______ /treatment= $ Estimated

2. Peritoneal Dialysis: 4,080 estimated days X $ /daily rate per inmate=$ Estimated

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

1. Hemodialysis: 15,621 estimated treatments X $. _____ /treatment=$ Estimated

2. Peritoneal Dialysis: 4, 1 02 estimated days X $ /daily rate per inmate=$ Estimated

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

1. Hemodialysis: 15,564 estimated treatments X $ _____ /treatment=$ Estimated

2. Peritoneal Dialysis: 4,080 estimated days X$ /daily rate per inmate=$ Estimated

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

1. Hemodialysis: 15,564 estimated treatments X $ ____ ~./treatment= $ Estimated

2. Peritoneal Dialysis: 4,080 estimated days X $ /daily rate per inmate=$ Estimated

All offerors are hereby advised that the successful offeror's unit pricing for the base year and all option years is public information, in accordance with the Federal Acquisition Regulations (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 a proposal in response to this solicitation.

2-2 Performance Work Statem~ 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 219,000 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.

The Federal Medical Center (hereinafter referred to as FMC) located in Devens, Massachusetts, intends to make a single award to a responsible entity for the provision of Dialysis and Nephrology Services as set forth in this solicitation/contract. The FMC currently houses primarily low security male inmates and minimum security male camp inmates. The dialysis patient population is currently 120 inmates but could potentially increase throughout the life of the contract.

II. Statement of Output

Performance of dialysis and nephrology services are defined within this Performance Work Statement utilizing a "performance-based" approach. Thus, required 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 evaluation criteria specified in Section 5-2.

Output #1:

Output #2:

Output #3:

Output #4:

Provide FMC-based dialysis (including hemodialysis and peritoneal dialysis) 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.

Provide FMC-based diagnostic and follow-up evaluations by a Nephrologist 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.

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

Maintain open avenues of communication, facilitating the exchange of information between the contractor and the Government regarding the contract services.

Ill. Compliance with Cont~t 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 shall provide the contract services in a manner consistent with the medical needs of patients and standards of quality and cost effective patient care. The Contractor's performance will be measured by the Government utilizing the outcome measure indicators provided in Attachment IV.

The Contractor shall maintain an active on-going quality assurance and utilization review program to include quality assurance monitoring and maintenance of equipment necessary to perform the services.

This information shall be made available to the Performance Improvement Council at FMC Devens. In addition, the Contractor shall be responsible for all required infection control surveillance, monitoring, and reporting to the institution Infection Control Coordinator and Performance Improvement Council.

IV. Specific Requirements

Output #1: Provide FMC-based dialysis (including hemodialysis and peritoneal dialysis} 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.

General. The Contractor shall provide for the complete management, staffing, and operation of the FMC 21-chair Dialysis Services Unit at the FMC. Services shall be provided on-site within the Health Services Unit of the FMC. The FMC Dialysis Services Unit shall receive patients between the hours of 6:00 am and 8:00pm, Monday through Saturday, including Federal holidays.

The Contractor shall provide services to both acute and chronic dialysis patients, including those with communicable and infectious diseases. Hemodialysis treatments will be provided as needed and will normally be provided three times per patient per week. Peritoneal dialysis treatments will also be provided as needed. Each patient will be treated according to the treatment plan outlined by the Nephrologist. Services shall include specialized testing to include but not be limited to transonic studies on a quarterly basis and Kinetic Clearance of the peritoneal fluid for peritoneal dialysis patients, blood transfusions as ordered by the Nephrologist, and education/training to each patient.

The Contractor shall be responsible for the proper handling of biomedical waste and contaminated materials and shall prepare such for disposal according to policies and procedures issued by FMC Devens.

The Contractor shall be certified/accredited by the Community Health Accreditation Program (CHAP) and/or a nationally recognized healthcare accreditation agency.

The BOP reserves the right to utilize another medical facility to perform these services in an emergency situation when services cannot be provided at the FMC, e.g. facility emergency, power failure, lack of water, etc. without compensation to the Contractor.

Staffing. The Contractor shall be responsible for determining the staffing required to operate the FMC Dialysis Services Unit. The Contractor shall provide the services of medical staff who have appropriate educational qualification, experience, licensure, and certification (where required). When treatments are being provided, the Contractor shall ensure that at least one Registered Nurse is on-site who has received specific training in the management of patients with acute and chronic end-stage renal disease.

All Contractor staff shall have received specialty training in dialysis operations prior to assuming institution involvement.

Page 6 of44

The Contractor shall provide all credentials of medical personnel prior to their performance at the FMC, otherwise the contract medical personnel will not be allowed access to the FMC. All Contractor employees/subcontractors requiring professional licensure shall maintain active licenses issued by the Commonwealth of Massachusetts. If requested by the Contracting Officer, the Contractor shall be required to document primary source verification of the credentials for each employee/subcontractor including, as applicable, current license from the appropriate State Board of Medical Examiners and education from schools or universities.

The Contractor shall ensure that all Contractor's health services staff shall be free of infectious diseases.

Any individual performing services under this contract who subsequently develops a medical condition which might reasonably be expected to place other workers or patients at risk shall be immediately removed from activities which might reasonably be expected to place other workers or patients at risk.

The Contractor shall ensure that its employees/subcontractors are in compliance with preventive, prophylactic, and follow-up procedures, as well as infection control and employee health program procedures.

All contract personnel providing services within the confines of the FMC shall have a complete background investigation conducted in accordance with BOP Program Statement 3000.03, "Human Resource Management Manual." See also "Contract Security/Investigative Requirements" contained within Section 4-1 of this solicitation/contract. All Contractor employees/subcontractors who will enter the FMC to perform services shall be required to attend a four-hour institution orientation course held at the FMC or a mutually acceptable site. A refresher orientation must be completed annually. The Contractor's costs for contract staff to attend this training shall be the responsibility of the Contractor.

The Contracting Officer or COR will be responsible for scheduling training for all applicable contract staff.

All Contractor personnel performing services under this contract shall have the ability to read, understand, fluently speak, and legibly write the English language.

At least two weeks prior, the Contractor shall submit a bi-weekly work schedule to the Contracting Officer's Representative (COR) or designee for reference purposes.

Physical Plant. The Government will provide space adequate to handle twenty dialysis stations and one isolation room. Each station is equipped with four electrical outlets (two emergency and two regular 110 volt outlets), continuous loop water supply, and a nurse call station. In addition, other room(s) with utilities are available for use by the Contractor.

Government-provided Supplies. The FMC will provide the following supplies in support of the Contractor's performance of services: syringes, needles, intravenous catheters, tubing, and medications.

The Government will also provide utilities to include heat, light, electric, water, and ventilation to the Dialysis Services Unit. The Government will provide disposal boxes for biomedical waste and contaminated materials generated in the Dialysis Services Unit and will provide the disposal service for such materials. All other equipment and supplies necessary for performance of the dialysis services shall be provided by the Contractor.

Contractor-provided Equipment and Supplies. The Contractor shall provide the dialysis machines/chairs and one machine/chair to be placed in the isolation area for a total of 21 machines/chairs. The Contractor shall also provide at least five additional backup machines and one portable dialysis machine to be used if an inmate needs to be placed in a negative pressure room. All equipment provided by the Contractor shall remain the property of the Contractor and shall be removed promptly by the Contractor at the conclusion of this contract. The Contractor shall provide all maintenance, cleaning, and calibration, in accordance with accepted standards, of all Contractor provided equipment. All equipment maintenance shall be performed at FMC Devens. All

Page 7 of44 troubleshooting, preventive mai~ance, and repairs of Contractor-provi~ equipment must be performed by qualified personnel. All electrical-powered equipment which have undergone repair or service which might have affected the integrity of the electrical circuits must receive an electrical safety test before being returned to operation. Electrical safety tests must be performed with test equipment that has been properly calibrated.

Specialized equipment and dialysis supplies may be furnished by the Contractor, at no expense to the Government, to enhance the dialysis treatment capabilities at the FMC. Prior to introducing additional equipment and supplies into the correctional environment, however, the contractor shall request and receive approval from the FMC. Such approval is necessary to ensure security and safety and that all biomedical clearances are properly addressed.

The offeror's technical proposal shall discuss in detail the staffing approach for accomplishing Output #1.

Output #2: Provide FMC-based diagnostic and follow-up evaluations by a Nephrologist 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.

General. The Contractor shall provide a Nephrologist to provide diagnostic and follow-up evaluations to recommend treatment, provide clinical management of patients on dialysis, and assume primary responsibility for the operations of the FMC Dialysis Services Unit. In addition, the Nephrologist shall conduct bi-monthly Nephrology Clinics for patients referred by FMC physicians. Patients seen in the bi monthly Nephrology Clinics will not ordinarily be dialysis patients but rather pre-renal failure patients.

The Nephrologist shall also be present in the Dialysis Services Unit for at least one dialysis treatment per month for each inmate receiving dialysis. Services shall be provided within the Dialysis Services Unit at the FMC.

Staffing. The Nephrologist shall be a graduate of an American Medical Association (AMA) accredited medical school, have completed an AMA-approved internship/residency in Nephrology, and possess current Commonwealth of Massachusetts licensure to practice medicine without restrictions.

All physicians performing these services shall apply for clinical privileges at the FMC. Any privileges granted due to the award of this contract shall be contingent upon the continuation of this contract and upon the physician's continued affiliation with the Contractor or any subcontractor. Continuation of privileges at the FMC shall be at the sole discretion of the FMC.

If requested by the Contracting Officer, the Contractor shall be required to document primary source verification of the credentials for each Nephrologist 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. Throughout the performance of this contract, the Contractor shall not utilize any provider who appears in the List of Excluded Individuals/Entities (LEI E) maintained by the US Department of Health and Human Services.

The Contractor shall ensure that the Nephrologist shall be free of infectious diseases. Any individual performing services under this contract who subsequently develops a medical condition which might reasonably be expected to place other workers or patients at risk shall be immediately removed from activities which might reasonably be expected to place other workers or patients at risk. The Contractor shall ensure that its employees/subcontractors are in compliance with preventive, prophylactic, and follow-up procedures, as well as infection control and employee health program procedures.

The Nephrologist shall only prescribe pharmaceutical drugs that are listed in the approved BOP Formulary. The BOP formulary can be accessed at www.bop.gov/news/PDFs/formulary.pdf. Requests

Page 8 of44 for exemptions shall be submitt""to the COR, who shall obtain the requ~ approvals. The issuance of sample medication to any Federal inmate shall be prohibited.

All contract personnel providing services within the confines of the FMC shall have a complete background investigation conducted in accordance with BOP Program Statement 3000.03, "Human Resource Management Manual." See also "Contract Security/Investigative Requirements" contained within Section 4-1 of this solicitation/contract. All Contractor employees/subcontractors who will enter the FMC to perform services shall be required to attend a four-hour institution orientation course held at the FMC or a mutually acceptable site. A refresher orientation must be completed annually. The Contractor's costs for contract staff to attend this training shall be the responsibility of the Contractor.

The Contracting Officer or COR will be responsible for scheduling training for all applicable contract staff.

All Contractor personnel performing services under this contract shall have the ability to read, understand, fluently speak, and legibly write the English language.

Output #3: Manage medical record information in a manner which promotes continuity of care while observing restrictions on the release of information.

In order to comply with Privacy Act restrictions, the Contractor shall establish a system of dialysis records on individual BOP patients. This system of records shall be consistent with BOP patient medical records maintained under the usual and customary standards of the medical profession for the purpose of providing treatment records to the BOP medical file.

The BOP shall provide the Contractor with a copy of the dialysis patients' medical records and any other necessary patient data required to analyze the dialysis needs of the BOP patients. All physicians and other contract clinical staff shall ensure that appropriate documentation is entered into patient medical records which will remain at and are the property of FMC Devens. This shall include pertinent entries on the Standard Form (SF) 600 Chronological History of Patient Care form and the SF-513 Consultation form, implemented upon contingency.

The BOP reserves the right to request the Contractor to review each medical record as deemed necessary. Upon request, authorized BOP staff shall have access to and obtain copies of all dialysis medical records and evaluation and treatment reports prepared and maintained by the Contractor.

Medical records will be subject to review by the FMC for validation of payment and verification of services rendered. Release of information shall only be made in accordance with community standards, Joint Commission regulations, and the Privacy Act of 1974. Any request(s) for copies of an inmate's medical records shall be directed to the COR for processing.

Output #4: Maintain open avenues of communication, facilitating the exchange of information between the contractor 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 services under this contract. The POC shall have sufficient clinical knowledge to enable preliminary technical consultation. 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.

The Contractor shall submit a quarterly report which includes the following data, at a minimum: list of inmates, inmate numbers, number of corresponding treatments, total consultations (time and number of inmates), any problems experienced during the quarter, and any other applicable data as determined by BOP. A copy of the quarterly report shall be forwarded by the Contractor to the following individuals by the tenth day preceding the end of the reporting quarter: Health Services Administrator, Clinical Director, Dialysis Coordinator, COR, and Contracting Officer.

Page 9 of44

V. Special Contract Conditions

In performing the services required by this contract, the Contractor and its employees/subcontractors will have contact with inmates. The Contractor will not be responsible for the management of inmates other than to ensure that those inmates involved in activities within the Contractor's scope of work shall abide by all rules in effect to ensure their safety and wellbeing. The Contractor shall not supervise or discipline any BOP inmates. The Contractor shall adhere to all regulations prescribed by the FMC for safety, custody, and conduct of inmates.

In accordance with FAR clause 52.237-7 titled "Indemnification and Medical Liability Insurance," the Contractor shall maintain during the term of the contract liability insurance issued by a responsible insurance carrier of not less than $1 million per specialty per occurrence (see also Section 4.1 Schedule of Required Insurance of this solicitation/contract). If any malpractice suit is made against the Contractor for the treatment of any patient referred by the Government, the Contractor shall immediately notify the Contracting Officer and promptly furnish copies of all pertinent papers received. The Contractor shall authorize Government representative to collaborate with counsel for the insurance carrier in settling or defending the claim when the amount of liability claimed exceeds the amount of coverage.

Section 3 - Contract Clauses

· Upon"req&'est:'t b~.~c~~~ed ~~.

52.203-3 52.204-4 52.204-9 52.212-4 52.223-5 52.224-1 52.224-2 52.228-5 52.232-18 52.237-2 52.242-13 52.242-15 52.253-1

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.

Page 10 of44

Clauses by Full Text

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

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase 1.1. 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 contractor employee whose background investigation (BI) 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 picture I D);

b. Contractor Personnel must appear in person at least once before a DOJ 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 documented by the DOJ official;

c. Contractor Personnel must undergo a Bl commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum Bl 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 Bl 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;

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and

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

A badge may be issued following approval of the above waiver requirements.

If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the Bl results so justify, badges issued under these procedures will be sended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1 a. and 1 b.

above. The pre-appointment waiver requirements 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 commensurate Bl does not need to be initiated.

Page 11 of44

A badge may be issued following a~val of the above waiver requirements an~e badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period.

This will ensure that any consecutive short-term appointments are subject to the full PIV-1 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 DOJ information systems and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

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

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contractor, 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 DOJ 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 81 meeting HSPD-12 and DOJ's 81 requirements.

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

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201 /FI PS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-1 identity proofing process, including initiation and adjudication of the required background investigation, 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-11) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

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

Page 12 of44 placed in block " B " of the "Agenck'se Only " section of the investigative form~is report is available for all case types.

5. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre-appointment waiver package.

[End of Clause]

52.27-103-72 DOJ 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 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 Clause]

52.218-000 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 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 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.

• 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 telework period). Security concerns should be considered in making equipment choices;

Page 13 of44 agencies or contractors m~ish to avoid use of employees' personal ~puters 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.

• 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 acknowledging 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]

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 hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Representative (COR) as potentially hazardous and requiring 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 presence 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, discovers the existence of an 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 constitute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with…