RFPP03111200001.pdf

u.s. Department of Justice

Federal Bureau of Prisons

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

March 1, 2012

Re: Request for Proposal RFPP0311120000 1, Comprehensive Medical Services, Federal Prison Camp (FPC), Montgomery, Alabama

Dear Offeror:

Accompanying this cover letter is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office in Grand Prairie, Texas, for the acquisition of Comprehensive Medical Services for the Federal Prison Camp, Montgomery, Alabama.

The solicitation package includes the following:

Cover Letter (2 pages)

SF1449 (2 pages)

Table of Contents (I page)

Solicitation (8 pages)

Attachments (73 pages)

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

In SUbmitting proposals, offerors should consider all infOlmation provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of proposals. Detailed information can be located in Attachment 4 of the solicitation.

Sealed proposals shall be received on or before the deadline of May 1,2012 at 2:00pm Central Time.

Proposals shall be submitted to the following address:

Scott Sarayusa, Contract Specialist

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, Texas 75051

Mailed and hand-carried 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 of the first floor at the address listed above. PLEASE DO NOT SUBMIT PROPOSALS TO ANYLOCATION OTHER THAN THE ONE LISTED ABOVE. Proposals received after the deadline will processed pursuant to FAR 52.212-1(f).

Please place any questions you may have in writing and fax them to (972) 352-4545 to my attention or email at ssarayusa@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) 352-4523.

Sincerely, Iisil Scott Sarayusa, Contract Specialist Federal Bureau of Prisons Field Acquisition Office

Enclosure mailto:ssarayusa@bop.gov

RFPP03111200001 Page 1 of 11

26. TOTAL AWARD AMOUNT (For Gov!. Use Only)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER OMB Clearance Control Number:

11.03-0018

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Scott Sarayusa

5. SOLICITATION NUMBER

RFPP0311120000 I

6. SOLICITATION ISSUE

DATE

03/0112012

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

TIME

972-352-4523 05/0112012 2: OOpm

25. ACCOUNTING AND APPROPRIATION DATA

CT

9. ISSUED BY CODE 10. THE ACQUISITION IS FAO

% FOR:[29UNRESTRICTED OR DSET ASIDE:

Federal Bureau of Prisons

Field Acquisition Office

DSMALL BUSINESS

U.S. Armed Forces Reserve Complex DHUBZONE SMALL BUSINESS NAICS: 62211 0 346 Marine Forces Drive

SIZE STANDARD: D07 SERVICE-DISABLED VETERAN 8(A)Grand Prairie, TX 75051 OWNED SMALL BUSINESS

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

UNLESS BLOCK IS MARKED

13a THIS CONTRACT IS A

RATED ORDER UNDER DPAS

DSEE 14. METHOD OF SOLICITATION

SCHEDULE

D (15 CFR 700)

0 RFPDRFQ D IFB

15. DELIVER TO 16. ADMINISTERED BY CODECODE MON MON

1..-_____.., Federal Bureau of PrisonsFederal Bureau ofPrisons

FPC Montgomery FPC Montgomery

MAXWELL AFB, BLDG 1249

MAXWELL AFB, BLDG 1249

MONTGOMERY, AL 36112

MONTGOMERY, AL 36112

17a. CONTRACTOR] 18a. PAYMENT WILL BE MADE BY CODECODE MON

OFFEROR

Federal Bureau ofPrisons FPC Montgomery

MAXWELL AFB, BLDG 1249

MONTGOMERY, AL 36112

TELEPHONE NO.

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

CHECKED D SEE ADDENDUMD

Comprehensive Medical Services

Block #1: RP# 0161

Block #10 Size Standard $34.5 Million

See Continuation Sheet(s)

27a SOLICITATION INCORPORATES 8YREFERENCE FAR 52.212-1,52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATTACHED. ADDENDA ARE

O

ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER DATED o28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO YOUR OFFER ON SOLICITATION (sLock5)TNCLUDING ;;r;i;iTiru:;;o:-'o ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER AcL ITEMS SET FORTH CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

TERMS AND CONDITIONS SPECIFIED

30a. SIGNATURE OF OFFERORICONTRACTOR 313. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or prim) 30e. DATE S!GNED 31b. NAME OF THE CONTRACTING OFFICER (Type orpnnt)

Scott Sarayusa

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.

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

X

RFPP03111200001 Page 2 of 11

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

329. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT

DCOMPLETE oPARTIAL o FINAL

37. CHECK NUMBER

o PARTIAL 0 FINAL

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

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMMIOO)

I

AL CONTAINERS

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

STANDARD FORM 1449 (REV. 10/2010) BACK

RFPP03111200001 Page 3 of 11

Table of Contents

Section Description Pal:e Number

1 Solicitation/Contract Form

2 Commodity or Services Schedule

3 Contract Clauses

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

2004)

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

A.15 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency

(May 2008)

4 List of Attachments

5 Solicitation Provisions

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005) ... 10

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

RFPP03111200001 Page 4 of 11

Section 2 . Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Comprehensive Medical Services for the Federal Prison Camp located in MOWiomery, Alabama. See Attachment #1, Performance ork Statement, and Attachment #2 Schedule of Items.

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

1.000000 SV $ 1$

0002 Comprehensive Medical Services for the Federal Prison Camp located in MOWiomery, Alabama. See Attachment #1, Performance ork Statement, and Attachment #2 Schedule of Items.

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

1.000000 SV 1$ $

0003 Comprehensive Medical Services for the Federal Prison Camp located in MOWiomery, Alabama. See Attachment #1, Performance ork Statement, and Attachment #2 Schedule of Items.

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

1.000000 SV 1$ $

0004 Comprehensive Medical Services for the Federal Prison Camp located in Mo~omery, Alabama. See Attachment #1, Performance ork Statement. and Attachment #2 Schedule of Items.

Option Year 3: 37 months through 48 months from EDOA

1.000000 SV $ 1$

0005 Comprehensive Medical Services for the Federal Prison Camp located in MOWiomery, Alabama. See Attachment #1, Performance ork Statement, and Attachment #2 Schedule of Items.

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

1.000000 SV $ $

RFPP03111200001 Page 5 of 11

Section 3 - Contract Clauses

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercialltems (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 Reference

2.251~l dtAusES,INCClftpdMTED BY REFERENCE (FEB 1998)

Ollei3'1nor~cl~llse~;'l>~ ~~f~Jenc~,.~it9 Ule same force ruideg~l;tasifthe~~"'Yere ;;:;:;f' "":""" « , 'H ,,':W~:

will~ake!fteir full tex:t aVtlilable. Also., the full:tex;t ofa Glll;use may be accessed omputer Generated Forms (Jan 1991)

52.232·18 vailability Of Funds (Apr 1984)

52.224-2

52.224·1 Privacy Act Notification (Apr 1984)

52.212-4 ontract Terms and Conditions·-Commercialltems (June 2010)

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

Clauses by Full Text

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 offerlbidlquote, or prior to performance under a contract or commit ment, individuals or contractor employees providing services must have:

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

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

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

[End of Clause]

52.216-19 Order Limitations (Oct 1995)

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

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

(l) Any order for a single item in excess of the estimated quantities within the current performance period as identified in Attachment http://www.opm.gov/employ/html/citizen.htm

RFPP03111200001 Page 6 of 11

2;

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

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

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

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

(End of clause)

52.216-18 Ordering (Oct 1995)

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

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

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

(End of clause)

52.216-21 Requirements (Oct 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in thc Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

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

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

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

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

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

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

(End of clause)

RFPP03111200001 Page 7 of 11

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

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

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

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

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

(End of clause)

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

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

(End of clause)

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

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

*$1,000,000.

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

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

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

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

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

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

(End of clause)

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

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

(a) Mr.lMs. James Metoyer of FPC Montgomery, Alabama Maxwell Air Force Base, Montgomery, Alabama, 36112, 334-293-2100, is hereby designated to aet as Contracting Offieer's Technieal Representative (COTR) under this contract.

RFPP03111200001 Page 8 of 11

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the tenns and conditions of this contract; providing direction to the contractor which clarifies the con tract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating perfonnance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

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

(End of Clause)

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

During a Pandemic or other emergency wc understand that our contractor workforce will experience the same high levels of absentee ism as our federal employees. Although the Excusable Delays and Tennination 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 perfonnance at an acceptable level during emergency period~.

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 perfonnance, 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 perfonnance are:

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

o 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.

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

o 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.

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

o Integrate pandemic health crisis response expectations into telework agreements.

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

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

o Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

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

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

[End of Clause]

[END OF ADDENDUM TO FAR 52.212-4]

RFPP03111200001 Page 9 of 11

Section 4 • List of Attachments

Exhibits and Attachments Identifier Title I Number of

1 Attachment 1 - Performance Work Statement ' 10 2 Attachment 2 - Schedule of Items/SOB Participation 7 3 Attachment 3 - Special Contract Conditions 5 4 Attachment 4 - Tailoring and Instructions to Offerors 8 5 Attachment 5 - Medical Classification - Care Level Criteria 1 6 Attachment 6 Performance-Based Outcome Measure Indicators 2 7 Attachment 7 - Computation of Basic MS-ORG Payments 1 8 Attachment 8 - Technical Proposal Summary Sheets 2 9 Attachment 9 - Past Performance Questionnaire for Bureau of Prisions Medical Services Contract 5 10 Attachment 10 - SUb-Contract Certification 1 11 Attachment 11 - List of Provider Information Requirements 1 12 Attachment 12 - Informational Requirements for Medical Claims 1 13 Attachment 13 - Electronic Trading Partner Agreement 15 14 IAttachment 14 - Additional Clauses 5 15 IAttachment 15 - Additional Provisions 9

52.212-1

RFPP03111200001 Page 10 of 11

Section 5 - Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors--Commercial Items (FEB 20fi)

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

ONSI1'lC~()RATED BYREFERENCE,; (FEB19~8~ >r'<'

/1,,:>- .c. c_____ c-~:;;- ,,____i':_/-:o-:::;-,-, c_ , ::::-.-~::::_::-:::-:-.-- - -- .-,,;::' _'_-- ___ .<:''':

IUs sQ!!citationfulcorporates one Qrmore ..sQli~itation provisions by referenoe, wixhtl:re s~eforce and effect 'a$. ifth~y wwe ;2{g'--"'- - :,_,>;;<:: ""- "', '-co-·" -""""",. ". - - -".,.

cautione<.l, that theL~en in ful1te~~ft9'pollt~~db!lfr;tli-tgpfficer ,,¥illmakeu.~ir full text available:Tfie ;'h,i<,,/ m _" , f ",>,', "'",,, __ '.

isted pr()visi~sn1aYin£l»~ ~!Qc~,that nius{b~ completed by the off~ror and submitt~ wtl~it&.q~~Ul~onor Q;fi'er. In li~ f$.t.1~mittUi'gtll~fu11 te~to(tli~~'pro~i~ions,the offeror may identify the provision by par~~raP1:tident~~and provide the -"'cc" " - ;,~~ - NN/N / _ - ~::::,_::_:_ "::<, '" < ionor offer. Alpci,thefull text qf a solicitationptovisl0n may be aecesseg, '" ,'" .. ,y~

Clause

Instructions to Offerors--Commercialltems (June 2008)

Provisions by Full Text

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

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

[End of Provision1

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a indefinite delivery (requirements) type contract with firm fixed unit pricing contract result ing from this solicitation.

(End of provision)

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Procurement Executive, Federal Bureau of Prisons, 320 First Street, NW, Suite 5005, Washington, DC 20534.

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

(End of provision)

RFPP03111200001 Page 11 of 11

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

(a) The following definitions apply in this provision:

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

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

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

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

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

(2) Be filed with the Contracting Officer.

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

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

(5) Include the information required by FAR 33.1 03(d)(2):

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

(ii) Solicitation or contract number.

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

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-1]

Attachment #1

RFPP03111200001

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 217,000 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 ofprisons 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 ofthe 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 Prison Camp (hereinafter referred to as FPC) located in Montgomery, Alabama, 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 FPC currently houses male inmates. The FPC is presently identified as a Care Level II BOP facility. Care Level II is an intermediate classification on the four-level scale where Care Level I represents the healthiest inmates and Care Level IV represents inmates with serious health issues. Criteria for categorizing an inmate in the Care Level II category are included in Attachment #5. Despite this description ofthe general health of the inmate population, however, 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.

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 FPC. 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 unacceptabIe.

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 at FPC Montgomery. 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 ifthe awardee has dual responsibilities for the submission of proper invoices (i.e., medical claims) for services rendered under the resulting contract and for the adjudication of those invoices (i.e., medical claims) under a separate contract/agreement with the BOP.

Proposals 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 ofhow such conflicts will be avoided. Proposals 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 Attachment #4. Therefore, the Government may award any or all line items, may withhold award of any or all line times, or may award to a 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 submissions 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 ofhealth care to members of the general pUblic. (Cross-reference

Page 2 of10 pricing categories la and lb.)

Output #2: Provide professional services which confonn to community standards and all local, state and Federal laws and regulations applicable to the delivery ofhealth 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 infonnation in a manner which promotes continuity of care while observing restrictions on the release of infonnation.

Output #5: Maintain open avenues of communication, facilitating the exchange of infonnation between the contract professional, 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 perfonnance of this contract. The contractor's perfonnance will be measured by the Government utilizing the outcome measure indicators provided in Attachment #6.

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 perfonnance, the Contractor shall develop and submit a quality control plan (QCP) for the FPC's approval. Once the QCP is approved by the FPC, 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

Page 3 ofl0 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 FPC'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 ofthe current accreditation certificate as part ofthe offeror's technical proposaL If a 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 FPC, 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, professional's office, etc.). If proposed, the Contractor shall provide the services ofprofessional 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 andlor 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 ofthe 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 FPC pharmacy, contract professionals shall only prescribe pharmaceutical drugs that are listed in the approved BOP Formulary. The BOP Formulary can be accessed at www.bop.gov/newsIIPDFs/formulary.pdf. Requests for exemptions shall be submitted to the Contracting Officer's Technical Representative (COTR), who shall obtain the www.bop.gov/newsIIPDFs/formulary.pdf 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 FPC, 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 FPC 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 FPC, 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 FPC may utilize the services of a third·party medical claims adjudicator to review invoices submitted by the contractor under this contract. When requested by the FPC, the Contractor shall comply with all reasonable requests for additional invoice/medical claim/medical record documentation. All invoice payments shall be made by the FPC and any disagreements regarding the paid amount of any invoice shall be resolved directly with the FPC.

Invoice Defmitions.

Line Items 1a - Inpatient Facility Services, Ib - Outpatient Facility Services, 2a - Inpatient Professional Services, and 2b - Outpatient Professional 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 FPC, an invoice for services rendered under Line Items 1 a, 1 b, 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 (HIP AA)

Page 5 of10 electronic billing standards. For each 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 FPC 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 FPC, the Contractor shall provide the BOP's medical claims adjudicator with a complete list of provider information, which will enable the claims adjudicator to accurately identify the correct payable amount for any provider performing services under the Contract. Specific informational requirements are provided in Attachment #11.

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 #11 to the medical claims adjudicator no less than three business days prior to filing 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 #13). The Contractor shall participate in the 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.