Solicitation.pdf

U.S. Department -of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

December 15, 2011

Re: Request for Proposal (RFP) RFPP05191100001 - Comprehensive Medical Services Federal Bureau of Prisons Federal Correctional Complex (FCC) Pollock

Dear Offeror:

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Comprehensive Medical Services for the FCC Pollock located in Pollock, Louisiana. Services to be provided include inpatient/outpatient facility and physician services and outpatient institution services. This package contains the following:

Cover Letter (2 Pages) Solicitation (15 Pages) Attachments (94 Pages)

The package contains a total of 111 pages and has all the necessary information for submitting a proposal for evaluation.

When submitting proposals, offerors should consider all infonnation provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, fonnat, and submission ofproposals.

Detailed information can be located in Attachment #4 of the solicitation.

Sealed proposals shall be received on or before the deadline of Thursday, February 23,2012, at 2:00 p.m. local time. Proposals shall be submitted to the following address:

Mike Miller, Contracting Officer

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, TX 75051

Mailed and hand-carried proposals must be delivered to the Contract Specialist at the address shown above no later than the time specified as the deadline for receipt ofproposals. The official point of receipt for hand-carried proposals will be the first floor reception area. PLEASE DO NOTSUBMIT PROPOSALS TO ANYLOCA170N OrnER THAN THE ONE LISTED ABOVE. Proposals received after the deadline will be processed pursuant to FAR 52.212-1 (t).

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

If you have any other questions, please feel free to contact me at (972) 352-4519.

Sincerely, lsi

Mike Miller, Contracting Officer Federal Bureau of Prisons

RFPP05191100001 Page 1 of 15

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

9. ISSUED BY

Federal Bureau ofPrisons Field Acquisition Office a.NAME

Mike Miller

U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

CODE

11. 12. DISCOUNT TERMS

UNLESS BLOCK IS MARKED

DSEE

SCHEDULE

Federal Bureau ofPrisons USP Pollock 1000 Air Base Road

POLLOCK, LA 71467

17a. CONTRACTOR! CODE

OFFEROR

CODE

FPP05191100001 12115/2011

b. TELEPHONE NUMBER (No co/lee/calls) 8. OFFER DUE DATE I LOCAL

TIME

972-352-4519 02/23/201214:00:00

10. THE ACQUISITION IS

[8]UNRESTRICTED OR % FOR:

NAICS: 622110

SIZE STANDARD:'

IMUO<.C""" SMALL BUSINESS

D 13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

WILL BE MADE BY CODE

Same as Block 15

RFP

TELEPHONE NO.

'L\t~vr'~vH IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

25. ACCOUNTING AND APPROPRIATION DATA

""~"'v"""""", ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

26. TO'IAL AWARD AMOUNT (For Gov!. Use Only)

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

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

ARE NOT ATTACHED

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL1TEliISl;ET FORTH

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

TERMS AND CONDITIONS SPECIFIED

29. OF CONTRACT: REF. OFFER DATED .

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

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF 31a. UNITED STATES OF AMERICA (SIGNATURE OF OFFICER)

30b. NAME AND OF SIGNER (TyptJ or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

3Oc. DATE SIGNED 31b. OF THE CONTRACTING

Michael Miller

(Type or print) 31c. DATE SIGNED

STANDARD FORM 1449 (REV. 10/2010)

Cumprehensive Medical Services *Block #1: RP# 001-2 *Block #10: Size Standard - $34.5 Million

See Continuation Sheet(s) ( Uu Reverse and/or Auach Addi/ional Sheels (J,f Necet>tuy)

Prescribed by GSA· FAR (48 CFR) 53.212

RFPP05191100001 Page 2 of 15

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

REPRESENTATIVE 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 36. PAYMENT 37. CHECK NUMBER CORRECT FOR oCOMPLETE o PARTIAL o FINALo 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)

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 10/2010) BACK

RFPP05191100001 Page 3 of 15

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form

2 Commodity or Services Schedule

3 Contract Clauses

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

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

2004)

52.209-9 Updates of Publicly Available Infoffilation Regarding Responsibility Matters (Jan 2011). .. 7

52.216-18 Ordering (Oct 1995)

52.216-19 Order Limitations (Oct 1995) ................................................ , 7

52.216-21 Requirements (Oct 1995)

52.217-8 Option to Extend Services (Nov 1999)

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

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

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

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)

52.242.1502 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April

2011)

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) ... 13

52.209-7 Information Regarding Responsibility Matters (Jan 2011)

52.216-1 Type of Contract (Apr 1984)

52.233-2 Service of Protest (Sept 2006)

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) ..... , RFF'P05191100001 Page 4 of 15

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO.

SUPPLIES/SERVICES QUANTITY UNIT

Comprehensive Medical Services for the Federal Correctional 1.000000 SV Complex located in Pollock, Louisiana. See Attachment #1, Performance Work Statement, and Attachment #2 Schedule of Items.

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

Comprehensive Medical Services for the Federal Correctional 1.000000 SV Complex located in Pollock, Louisiana. See Attachment #1, Performance Work Statement, and Attachment #2 Schedule of Items.

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

Comprehensive Medical Services for the Federal Correctional 1.000000 SV Complex located in Pollock, Louisiana. See Attachment #1, Performance Work Statement, and Attachment #2 Schedule of Items.

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

Comprehensive Medical Services for the Federal Correctional 1.000000 SV Complex located in Pollock, Louisiana. See Attachment #1, Performance Work Statement, and Attachment #2 Schedule of Items.

Option Year 3: 37 months through 48 months from EDOA

Comprehensive Medical Services for the Federal Correctional 1.000000 SV Complex located in Pollock, Louisiana. See Attachment #1, Performance Work Statement, and Attachment #2 Schedule of Items.

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

UNIT PRICE AMOUNT

1$ $

$ 1$

RFFP05191100001 Page 5 of 15

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (June 2010)

The tenus and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

omputer Generated Forms (Jan 1991)

Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) vailability Of Funds (Apr 1984)

Insurance - Work on a Government Installation (Jan 1997)

Privacy Act (Apr 1984)

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-l 2 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) I entitled "Personal Identification Verification (Ply) for Federal Employees and Contractors," Phase 1.1. Long-Term Contractor Personnel: .

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

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

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

RFPP05191100001 Page 6 of 15 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 BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

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

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

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

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

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

A badge may be issued following approval of the above waiver requirements.If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Invest 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 DOJ that short-term contractors having access to DOJ information systems andlor DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items lao and 1b. above. The pre-appointment waiver re quirements for short-term contractors are:

a. Favorable review of the security questionnaire fornl; 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 PIV -I identity proofing process.

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

3. Intermittent Contractors:

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

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems andl 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 29,2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac cess.

C. Due to extenuating circumstances, if a component requests unescorted access or 001 IT system access for an 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 BI meeting HSPD-12 and DOJ's BI requirements.

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

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips20 I1FIPS-20 1-022505 .pdf

2: Under HSPD-12, long-term c~ntra~tors are contractors having access to DOJ information systems and/or DOJ facilities or space for S.IX m.onths ~r longer. The PI V-I Identlty proofing process, including initiation and adjudication of the required background investiga tIOn, IS reqUIred for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD- 12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. Fo: contracto~s in position sensitivity/risk levels above levell, a favorable review of a credit check is required as part of the pre appomtment waIver package.

www.csrc.nist.gov/publications/fips/fips20 http:requirements.If

RFPP05191100001 Page 7 of 15

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 fonn. This report is available for all case types.

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

[End of Clause]

52.27-103-72 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 perfonnance under a contract or commit ment, individuals or contractor employees providing services must have:

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

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

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

[End of Clause]

52.209-9 Updates of Publicly Available Infonnation Regarding Responsibility Matters (Jan 2011)

(a) The Contractor shall update the infonnation in the Federal Awardee Perfonnance and Integrity Infonnation System (F APIIS) on a semi-annual basis, throughout the life of the contract, by posting the required infonnation in the Central Contractor Registration data base at http://www.ccr.gov.

(b)( 1) The Contractor will receive notification when the Government posts new infonnation to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding infonnation that has been posted by the Government. The comments will be retained as long as the associated infonnation is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Infonnation Act pro cedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all infonnation posted in FAPIIS on or after April 15,2011, except past per formance reviews, will be publicly available.

(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 tenns 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) 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)

52.216-19 Order Limitations (Oct 1995)

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

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

(1) 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 perfonnanee period as identified in Attachment 2; or

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

http:http://www.ccr.gov http://www.opm.gov/employlhtml/citizen.htrn

RFPP05191100001 Page 8 of 15

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

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

(End of clause)

52.216-21 Requirements (Oet 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 eon tract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities deseribed as "estimated" or "maximum" in the Sehedule, that faet shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performanee 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 loeations.

(c) Exeept 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 Contraetor requirements in exeess 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 eontract, and if the Contractor will not accept an order providing for the aecelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effeetive period of this contraet and not eompleted within that period shall be eompleted by the Con traetor within the time speeified in the order. The eontract 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 contraet'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 eontinued performance of any services within the limits and at the rates specified in the eontract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Seeretary of Labor. The option provision may be exercised more than once, but the total extension of performanee hereunder shall not exeeed 6 months. The Contracting Of ficer may exercise the option by written notiee to the Contraetor within the current performanee 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 eontract by written notice to the Contractor within the current performance period;

provided that the Government gives the Contraetor 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 notiee does not eommit the Government to an ex tension.

(b) If the Government exercises this option, the extended eontract 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, whieh is incorporated into this contraet 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 performanee under this contract beyond September 30 of the base year or any option year exer cised. The Gove~ent's obligation for performanee of this eontract beyond that date is contingent upon the availability of appropri ated fu~ds from whIch payment for.eontract purposes can be made. No legal liability on the part of the Government for any payment may arIse. for performance und~r thIS eontract beyond September 30 of the base year or any option year exercised, until funds are made avaIlable to the ContractIng Officer for performance and until the Contractor receives notice of availability, to be confirmed in

RFPP05191100001 Page 9 of 15 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 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. However, if the contractor and/or subcontractor is a participant of the Louisiana Patient's Compensation Fund, then the insurance requirement of this contract shall be fullfilled by incorporating the requirements of the Louisiana Patient's Compensation Fund. If the contractor and/or subcontractor is an entity or a subdivision of a state that either provides for self-insurance and/or is lim ited by law to the amount of liability insurance that may be purchased by State entities, then the insurance requirement of this contract shall be fullfilled by incorporating the provisions of the applicable State law.

(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 ofthe 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 (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph

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

(End of clause)

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

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

(a) Mr.lMs. Spencer Smith, Health Service Administrator of FCC Pollock 1000 Airbase Road, Pollock, La., 318-561-5546, 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, 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)

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

(a) "Unsafe c~ndition" as u.sed in this clause means the actual or potential exposure of contractor or Government employees to a haz ardous ma~enal as ?~fined I~ Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi ~l or workmg condItIOn deSignated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir mg safety controls.

RFPP05191100001 Page 10 of 15

(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.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

52.242.1502 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April 201 1)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compli ance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Technical Representative (COTR) or Contract Monitor (CM) and maintained in the contract file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.milwhen the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

A.15 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 experienc~ 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.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended tele work period). Security concerns should be considered in making equipment choices; agencies or contractors may

RFPP05191100001 Page 11 of 15 wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

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

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

[End of Clause]

[END OF ADDENDUM TO FAR 52.212-4]

RFPP05191100001 Page 12 of 15

Section 4 • List of Attachments

Exhibits and Attachments Identifier Title Number of

Pages 1 Performance Work Statement 11 2 Schedule of Items/SOB Participation/Sub-Contract Certification 7 3 Special Contract Conditions 7 4 Tailoring and Instructions to Offerors 8 5 Medical Classification - Levels of Care Criteria 5 6 Performance-Based Outcome Measure Indicators 2 7 Computation of Basic MS-ORG Payments 1 8 Technical Proposal Summary Sheets 3 9 Past Performance Questionnaire for Bureau of Prisons Medical Services Contract 5 10 Electronic Trading Partner Agreement 15 11 List of Provider Information Requirements 2 12 Informational Requirements for Medical Claims 2 13 Additional Clauses 7 14 Additional Provisions 19

RFPP05191100001 Page 13 of 15

Section 5 • Solicitation Provisions

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

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

ctions to Offerors--Commercial Items (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]

52.209-7 Information Regarding Responsibility Matters (Jan 2011)

RFPP05191100001 Page 14 of 15

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the informa tion it has entered in the Federal Awardee Performance and Integrity Information System (F APIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or per formance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

0) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitu tion, or damages of$5,000 or more.

(iii) In an administrative proceeding, a finding offault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $1 00,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment offault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1 )(i), (c)(1 )(ii), or (c)( 1 )(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)( I) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

Cd) The offeror shall post the information in paragraphs (c)(l)(i) through (c)(l)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(End of provision)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a indefinite delivery I requirements with firm fixed unit priced contract resulting from this so licitation.

(End of provision)

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.1 01 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)

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 aetivity 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 direetly with the Department of Justice must:

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

(2) Be filed with the Contraeting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. lfthe 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.l03(d)(2):

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

http:http://www.ccr.gov

RFPP05191100001 Page 15 of 15

(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 Officcr 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)

RFPP05191100001

ATTACHMENT #1

BLOCK 20 - PERFORMANCE WORK STATEMENT

I. Background

The Federal Bureau of Prisons (BOP) was established in 1930 to provide more progressive and humane care for Federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration. Today, the BOP is responsible for the custody and care of approximately 218,000 Federal offenders. The Federal prison system is a nationwide system of prisons and detention facilities for the incarceration of inmates who have been sentenced to imprisonment for Federal crimes and the detention of individuals awaiting trial in Federal court.

The defined mission of the BOP is as follows:

It is the mission of the Federal Bureau of Prisons to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide w.')rk and other self improvement opportunities to assist offenders in becoming law-abiding citizens.

As an agency under the Executive Branch of the United States Government, the BOP receives an annual appropriation of funds to accomplish its assigned mission. The public trust demands that this annual appropriation be prudently managed. Thus, dollars spent to maintain the health of the inmate popUlation must reflect the agency's best efforts to obtain cost-effective health care consistent with community standards.

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

The Federal Correctional Complex (hereinafter referred to as FCC) located in Pollock, Louisiana, 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 FCC currently houses male inmates. The FCC is presently identified as a Care Level I BOP facility. Care Level I 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 I category is 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

I…