RFPP04141100002.pdf

U.S. Department of Justice

Federal Bureau of Prisons

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

January 11, 2012

Re: Request for Proposal (RFP) RFPP04141100002, Comprehensive Medical Services, USMCFP Springfield Springfield, Missouri

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 USMCFP located in Springfield, MO, The solicitation package includes the following:

Cover Letter (2 pages)

SF1449 (2 pages)

Table of Contents (1 page)

Solicitation (10 pages)

Attachments (85 pages)

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

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

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

Sealed offers shall be received on or before the deadline of March 14, 2012, 2:00pm Central Time. Offers 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 offers must be delivered to the Contracting Officer or Contract Specialist at the address shown above no later than the time specified as the deadline for receipt of proposals. The official point of receipt for hand-carried proposals will be in the receptionist's area of the first floor at the address listed above. PLEASE DO

NOT SUBMIT OFFERS TO ANY LOCATION OTHER THAN THE ONE LISTED

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

Please place any questions you may have in writing and fax them to (972) 352-4545 to my attention or email at 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, /ls/l Scott Sarayusa, Contract Specialist Federal Bureau of Prisons Field Acquisition Office

Enclosure mailto:ssarayusa@bop.gov

RFPP04141100002 Page 1 of 13

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER OMB Clearance Control Number:

OFFEROR TO COMPLETE BLOCKS 12,17,23,24 & 30 1103-0018

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

DATE DATE

RFPP04141100002 01/1112012

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE I LOCAL

7. FOR SOLICITATION TIME

INFORMATION CALL: Scott Sarayusa 972-352-4519 03114/2012 2: OOpm

9. ISSUED BY CODE IFAO 10. THE ACQUISITION IS

~UNRESTRICTED OR DSET ASIDE: % FOR:

Federal Bureau of Prisons Field Acquisition Office DSMALL BUSINESS

U.S. Armed Forces Reserve Complex NAICS: 622110 DHUBZONE SMALL BUSINESS 346 Marine Forces Drive

D8(A)Grand Prairie, TX 75051 SIZE STANDARD: 007 D~ERVICE'DISABLED VETERAN

OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATiON 12. DISCOUNT TERMS l3b. RATING

UNLESS BLOCK IS MARKED

D 138. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

D SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE

DRFQ D IFB 0 RFP

15. DELIVER TO CODE I SPG 16. ADMINISTERED BY CODE SPG

Federal Bureau of Prisons Federal Bureau ofPrisons USMCFP Springfield USMCFP Springfield 1900 West Sunshine 1900 West Sunshine Springfield, MO 65807-2240 Springfield, MO 65807·2240

17a CONTRACTOR! CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE ISPG

OFFEROR CODE

Federal Bureau ofPrisons USMCFP Springfield 1900 West Sunshine Springfield, MO 65807·2240

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

D CHECKED D SEE ADDENDUM

19. 20. .........•. 21. 23.. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UJ\II:!: PR!QE AMOUNT

Comprehensive Medical Services Block #1: RP# 0001·12 Block #1 0 Size Standard - $34.5 Million

See Continuation Sheet(s) (UJ'i! Rew.orl'e and/or Alf<lch AJditional Sheets (1.\ Nl/("~f'\'(lry)

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212·4. FAR 52.212·3 AND 52212·5 ARE ATTACHED. ADDENDA ~ ARE ARE NOT ATTACHED

27b CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212·4. 52.212·5 IS ATTACHED. ADDENDA 0 ARE F ARE NOT ATTACHED o 28. CONTRACTOR is REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO o29. AWARD OF CONTRACT: REF. OFFER DATED .

YOUR OFFER ON SOLICITATION (SLOCK 5) INCLUDING ANY ADDITIONS OR

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL lTEMSSET 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 OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

Scott Sarayusa

STANDARD FORM 1449 (REV. 10/2010)

Prescribed by GSA· FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

RFPP04141100002 Page 2 of 13

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

GOVERNMENT REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

36. PAYMENT

DCOMPLETE DPARTIAL DFINAL

37. CHECK NUMBER

D PARTIAL D FINAL

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

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

42b. RECEIVED AT (Location)

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

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

STANDARD FORM 1449 (REV. 1012010) BACK

RFPP04141100002 Page 3 of 13

Table of Contents

Section Description Paee Number

I Solicitation/Contract Form

2 Commodity or Services Schedule

3 Contract Clauses

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

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

2004)

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

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

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

(May 2008)

4 List of Attachments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II

5 Solicitation Provisions

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

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

RFPP04141100002 Page 4 of 13

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Comprehensive Medical Services for the United States Medical Center for Federal Prisoners located in Sprintield, Missouri. See Attachment #1, Performance Work Statemen , and Attachment #2 Schedule of Items.

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

1.000000 SV $--~- $

0002 Comprehensive Medical Services for the United States Medical Center for Federal Prisoners located in sprin~field, Missouri. See Attachment #1, Performance Work Statemen , and Attachment #2 Schedule of Items.

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

1.000000 SV $ $

0003 Comprehensive Medical Services for the United States Medical Center for Federal Prisoners located in Sprin~field, Missouri. See Attachment #1, Performance Work State men , and Attachment #2 Schedule of Items.

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

1.000000 SV $ i$

0004 Comprehensive Medical Services for the United States Medical Center for Federal Prisoners located in Sprintield, Missouri. See Attachment #1, Performance Work State men , and Attachment #2 Schedule of Items.

Option Year 3: 37 months through 48 months from EDOA

1.000000 SV Is 1$

0005 Comprehensive Medical Services for the United States Medical Center for Federal Prisoners located in Sprin~field, Missouri. See Attachment #1, Performance Work State men , and Attachment #2 Schedule of Items.

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

1.000000 SV Is is

RFPP04141100002 Page 5 of 13

Section 3 - Contract Clauses

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (June 2010)

The tenns 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

This cotltra~t incorporiteson<;l .or rit6recl;uses by referenc~~with the same force and eff~tas'if they w~J:e gi~en..in full texL

Uponte9y,est, t~ ~Otltra.c:tingOffiettte:ir;[i!i\lltO..t'i'{ia"bl~~'l>\lso, the full text of a c1!tusecibay be a&essed e1ectroniC1l11y at thiS/these ad<h"ess(es)! www.acquisition.gov/far

Clause [Title

52.253·1 ~omputer Generated Forms (Jan 1991)

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

52.232-18 ft\vailability Of Funds (Apr 1984)

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

52.224·2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

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

52.212-4 Contract Terms and Conditions--Commercialltems (June 2010)

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

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

Clauses by Full Text

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

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 20 I) I 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 con tractor employee whose background investigation (Bl) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Fornl 1-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic ture 10);

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

RFPP04141100002 Page 6 of 13 documented by the DOJ official;

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

Outlined below are the minimum 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 BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, ifrequired;3 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.lfthe NAC is not received within five days ofOPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau ofInvest igation Criminal History Check (i.e., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short Term Contractor Personnel:

It is the policy of the DO] 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 wai vcr re quirements for short-term contractors are:

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

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

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

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

3. Intermittent Contractors:

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

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DO] 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 ex ample, 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, 200 I, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac cess.

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

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a 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 Bl meeting HSPD-12 and DOl's BI requirements.

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

Notes:

I. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201lFIPS-20 1-022505.pdf

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

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

www.csrc.nist.gov/publications/fips/fips201lFIPS-20

RFPP04141100002 Page 7 of 13

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

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

[End of Clause]

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

For three of the five years immediately prior to submission of an offeribidiquote, 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 ofa Federal or military employee serving overseas.

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

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

[End of Clause]

52.216-18 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 aetivities designated in the Schedule. Such orders may be issued from the first day of the effective contract period through the last day of the effective contract period.

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or serviees 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-

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

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

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para graph (b)(I) 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)

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

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exer cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are http://www.opm.gov/employ/html/citizen.htm

RFPP04141100002 Page 8 of 13 made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

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

(End of clause)

52.216-21 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 the 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 contraet and not eompleted within that period shall be eompleted 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 respeet 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)

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

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

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

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

(e) 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, whieh is incorporated into this contract in full text.

(End of clause)

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

(a) Mr.lMs. Trudy Shaw ofUSMCFP Springfield 1900 West Sunshine Street, Springfield, MO, 65807-2240, 417-874-1671, is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract.

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

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifieations, or eost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac

RFPP04141100002 Page 9 of 13 tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

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

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

*$1,000,000.

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

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

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

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

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

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

(End of clause)

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

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

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

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

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

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, dis covers the existence 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 consti tute a dispute under the Disputes clause of this contract.

(t) Nothing contained in this clause shall relievc the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining oflicenses and permits) in connection with hazardous material

RFPP04141100002 Page 10 of 13 including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

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

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

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

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

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

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

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.

• 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.

• 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 efIorts 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]

RFPP04141100002 Page 11 of 13

Section 4 - List of Attachments

Exhibits and Attachments Identifier~ Title Number of

Pages 1 Attachment 1 - Performance Work Statement 8 2 Attachment 2 - Schedule of Items/SDB Participation 11 3 Attachment 3 - Special Contract Conditions 6 4 Attachment 4 - Tailoring and Instructions to Offerors 8 5 Attachment 5 - Medical Classification - Care Level Criteria 1 6 Attachment 6 - Performance-Based Outcome Measure Indicators 2 7 Attachment 7 - Computation of Basic MS-DRG Payments 1 8 Attachment 8 - Technical Proposal Summary Sheets 4 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 Attachment 14 - Additional Clauses 6 15 Attachment 15 - Additional Provisions 15

52.212-1

RFPP04141100002 Page 12 of 13

Section 5 • Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors--Commercial Items (June 2008)

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

Provisions By Reference

2.25~.isd~IC~TATION.PR€')VISI(,)NS INCORPORATED BY REFERE~CE (FEB 1998) his solicitati~n inc~~b~atesone 0r mor~~so1icitation provisions by reference, with the same force and effect as ifthey were iy~n infull;t~J<:t,Upon reques.t, the Contracting Officer will make their full text available. The offeror is cautioned that the isted Rrovi~ionsmayincludebloGks that must~e Gompletedby. the offeror i.l:ud s~bmitte4 with its q~tati0tl or offer. In lieu the 'provision by par<l~raphidel1tifierand provide the

Q~>1)1I~;.b.lso~ilti~~fllilt(:x!t!Qr;:t~rb:eital:ion provision may be accessed www.acquisition.govjfar

Clause

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

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 Provision]

52.216-1 Type ofContract (Apr 1984)

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

(End of provision)

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

(a) The following definitions apply in this provision:

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

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

www.acquisition.govjfar

RFPP04141100002 Page 13 of 13

(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:

(l) 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 dccide the protest.

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

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

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

(ii) Solicitation or contract number.

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

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

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

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

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

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

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

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

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

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

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

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(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)

52.233-2 Service of Protest (Sept 2006)

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

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

(End of provision)

[END OF ADDENDUM TO FAR 52.212-1J

FlFPP04141100002

Attachment #1

BLOCK 20 - PERFORMANCE WORK STATEMENT

1. 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 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 agcncy 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 \-'lith community standards.

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

The United States Medical Center for Federal Prisoners (hereinafter referred to as USMCFP) located in Springfield, Missouri, 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 USMCFP currently houses male inmates. The USMCFP is presently identified as a Care Level IV BOP facility. Care Level IV is highest 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 IV category are included as Attachment #5. Despite this description of the 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 USMCFP. Although a mileage restriction has not been placed on this acquisition, the Government reserves the right to determine that the proposed driving distances/conditions to community-based providers pose an unacceptable cost or security risk and to find such offers unacceptable.

II. Organizational Conflict of Interest

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

Page 1 of8 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.

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

III. Statement of Output

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

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

Accordingly, output items 1 and 2 are optional deliverables while output items 3, 4, and 5 are applicable to all services provided. Offerors are encouraged to submit comprehensive proposals committing to provide all output listed in the solicitation. Offerors who propose less comprehensive approaches will be evaluated accordingly.

Output #1: Provide inpatient and outpatient facility services which confonn to community standards and all local, state and Federal laws and regulations applicable to the delivery of health care to members of the general public. (Cross-reference pricing categories 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 of health care to members of the general public. (Cross-reference pricing categories 2a, 2b, 2c, and 2d).

Output #3: Submit…