RFPP06171100002- FCC Victorville CA.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

August 14, 2012

Re: Request for Proposal RFPP06161100002 Comprehensive Medical Services

Federal Correctional Complex (FCC) Victorville, CA

Dear Offeror:

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office in Grand Prairie, Texas, for the acquisition of Comprehensive Medical Services for the Federal Correctional Complex located in Victorville, California. Services to be provided include inpatient/outpatient facility and professional services and outpatient institution services. This package contains the following:

Cover Letter (2 pages) Table of Contents (1 pages) Solicitation (57 Pages) Attachments (30 Pages)

The package contains a total of 90 pages and has all necessary information for submitting a proposal for evaluation.

When submitting a proposal, offerors should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of proposals. Detailed information can be located in Section 5-2 of the solicitation.

Sealed offers shall be received on or before the deadline of October 18, 2012, at 2:00 p.m. Central Time.

Proposals shall be submitted to the following address:

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

Mailed or hand-carried proposals must be delivered to the Contract Specialist at the address shown above no later than the time specified as the deadline for receipt of proposals. The official point of receipt for hand-carried proposals will be the first floor reception area. PLEASE DO NOT SUBMIT PROPOSALS TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE. Proposals 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 tkennon@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) 352-4512.

Sincerely, //s// Teresa Kennon, Contracting Officer Federal Bureau of Prisons Field Acquisition Office

Enclosure

Table of Contents

Section Description

1 Solicitation/Contract Form

2 Commodity or Services Schedule

2.1 Contract Pricing/SDB Participation …………………………...…………………………………………………………4

2.2 Performance Work Statement

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

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (JUN 2004) 52.218-0000 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (MAY 2008) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (JUN 1996) BOP Clause Evaluation of Contractor Performance Utilizing CPARS (APR 2011)……………………23 2852.201-70 Contracting Officer’s Technical Representative (COTR)(JAN 1985) 52.216-18 Ordering (OCT 1995)..………………………………………………..……….. …………………………..24 52.216-19 Order Limitations (OCT 1995) 52.216-21 Requirements (OCT 1995) 52.217-8 Option to Extend Services (NOV 1999) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) 52.237-7 Indemnification and Medical Liability Insurance (JAN 1997) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- -Commercial Items (JUL 2012)

4 List of Attachments

4-1 Special Contract Conditions………………………………………..……………………………………………………….31

Solicitation Provisions A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors - Commercial Items

(FEB 2012)…………………………………………………………………………………………………………………………………36

5 5.1 Tailoring

5.2 Submission and Evaluation of Proposals

5.3 SUBCONTRACTING CERTIFICATION

52.209-7 Information Regarding Responsibility Matters (FEB 2012) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sep 2006)

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.27-103-71 Faith-Based and Community-Based Organization (Aug 2005) 52.212-2 Evaluation - Commercial Items (JAN 1999) 52.212-3 Offeror Representations and Certifications (APR 2012)………………………………….46

RFPP06161100002

Section 2 – Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Comprehensive Medical Services for the FCC located in Victorville, CA. Base Year: Date of Award (DOA) through 12 months from DOA in Victorville, CA. Option Year 1: 13 months through 24 months from DOA in Victorville, CA. Option Year 2: 25 months through 36 months from DOA in Victorville, CA. Option Year 3: 37 months through 48 months from DOA in Victorville, CA. Option Year 4: 49 months through 60 months from DOA

12.000000

MO

2-1 CONTRACT PRICING/SDB PARTICIPATION

BLOCK 19 THROUGH 24 - CONTRACT PRICING/SDB PARTICIPATION

Overview

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

Pricing Methodology

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

Cancellation fees for missed appointments/procedures will be considered by the FCC only after award and only upon a showing by the contractor that the cancellations caused by the FCC are excessive and disruptive to the contractor’s operations. Cancellation fees, if determined necessary, will be negotiated after award. In the event cancellation fees are determined necessary, the first ten cancellations per month will not be billed to the FCC. In addition, cancellation fees may not be billed to the FCC (nor counted within the first ten cancellations per month) when 48 hours advance notice of the cancellation is given by the FCC.

Medicare Part A. The Medicare benchmark to be utilized for all services covered by Medicare Part A shall be the most current Basic DRG payment (i.e., Operating Federal Rate) established for CBSA 40140, Riverside-San Bernardino-Ontario, CA. The Basic DRG calculation shall not include any provider-specific adjustments allowed under actual Medicare participation. Offerors may propose a discount from or a premium to Basic DRG rates. (Refer to Attachment I of this solicitation)

Medicare Part B Physician Services and Non-physician Services. The Medicare benchmark to be utilized for all physician and non-physician services covered by Medicare Part B shall be those rates established in the most current Medicare Part B Fee Schedule for California Payment Locality 99. The benchmark charges shall be those established for participating providers. Offerors may propose a discount from or a premium to the benchmark charges.

Medicare Part B Facility Services (including hospital outpatient services and ambulatory surgical centers). The Medicare benchmark to be utilized for all facility services covered by Medicare Part B shall be the most current APC and ASC rates calculated for CBSA 40140, Riverside-San Bernardino-Ontario, CA. Offerors may propose a discount from or a premium to the benchmark charges.

Estimated Quantities

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

Inpatient and Outpatient Facility and Physician Services

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

Inpatient Days: Estimated 1095 Days Outpatient Visits: Estimated 750 Visits

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

Inpatient Days: Estimated 1095 Days Outpatient Visits: Estimated 750 Visits

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

Inpatient Days: Estimated 1095 Days Outpatient Visits: Estimated 750 Visits

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

Inpatient Days: Estimated 1095 Days Outpatient Visits: Estimated 750 Visits

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

Inpatient Days: Estimated 1095 Days Outpatient Visits: Estimated 750 Visits

Outpatient Institution Services

Estimated quantities shall remain constant for the base year and all option years. For Medicare-based services, duration of visits is listed for informational purposes only, as contracted rates will be based upon the Medicare allowable per procedure performed. Dietician services shall be paid based upon the provision of defined sessions.

Cardiologist: Visit Duration – 6 Hours (approximate) Visit Quantity – 12 per contract year (Estimated)

Dermatologist: Visit Duration – 6 Hours (approximate) Visit Quantity – 12 per contract year (Estimated)

Dietician: Session Duration – 8 Hours Session Quantity – 36 per contract year (Estimated)

Endocrinologist: Visit Duration – 6 Hours (approximate) Visit Quantity- 12 per contract year (Estimated)

ENT Specialist: Visit Duration – 8 Hours (approximate) Visit Quantity – 60 per contract year (Estimated)

General Surgeon Visit Duration – 6 Hours (approximate) Visit Quantity – 12 per contract year (Estimated)

Neurologist: Visit Duration – 6 Hours (approximate) Visit Quantity – 12 per contract year (Estimated)

Orthopedic Surgeon: Visit Duration – 6 Hours (approximate) Visit Quantity – 36 per contract year (Estimated)

Podiatrist: Visit Duration – 6 Hours (approximate) Visit Quantity – 36 per contract year (Estimated)

Psychiatrist: Visit Duration – 6 Hours (approximate) Visit Quantity – 48 per contract year (Estimated)

Urologist: Visit Duration – 6 Hours (approximate) Visit Quantity – 12 per contract year (Estimated)

NOTE: Session - priced items which exceed the established session or are less than a full session shall be prorated to the nearest quarter hour.

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

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

SCHEDULE OF ITEMS

BASE YEAR

Date of Award (DOA) through 12 months from DOA

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

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

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

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

2c. Outpatient Institution Services:

1. Other Physicians: -______ Discount or +______ Premium to Medicare Part B

2. Dietician: -_____________Per Session

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

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

OPTION YEAR 1

13 through 24 months from DOA

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

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

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

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

OPTION YEAR 2

25 through 36 months from DOA

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

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

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

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

OPTION YEAR 3

37 through 48 months from DOA

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

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

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

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

OPTION YEAR 4

49 through 60 months from DOA

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

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

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

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

All offerors are hereby advised that the successful offeror’s unit pricing (to include discount percentage from or premium percentage to the benchmark Medicare rate and unit pricing for other items) for the base year and all option years is public information, in accordance with Federal Acquisition Regulation FAR 15.503(b)(1)(iv).

Accordingly, all successful unit pricing will be released to unsuccessful offerors with the notification of award as well as to the general public when requested. Any party who objects to the release of their own unit pricing information, should they be awarded a contract in response to this solicitation, should not submit proposal in response to the solicitation.

Target for Participation of Small Disadvantaged Business (SDB) Concerns

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

Participation Target ______________ percent

The above participation target will be achieved through performance by:

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

[ ] subcontractors (target: _________________percent)

Offerors are advised that, in accordance with FAR clause 52.219-25 entitled Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting, in order to qualify for disadvantaged status under this clause, SDB concerns must be identified as such in the database maintained by the Small Business Administration (Pro-Net) or by contacting the SBA's Office of Small Disadvantaged Business Certification and Eligibility.

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

2-2 PERFORMANCE WORK STATEMENT

I. Background

The Federal Bureau of Prisons (BOP) was established in 1930 to provide more progressive and humane care for Federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration.

Today, the BOP is responsible for the custody and care of approximately 218,000 Federal offenders. The Federal prison system is a nationwide system of prisons and detention facilities for the incarceration of inmates who have been sentenced to imprisonment for Federal crimes and the detention of individuals awaiting trial in Federal court.

The defined mission of the BOP is as follows: It is the mission of the Federal Bureau of Prisons to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

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

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

The Federal Correctional Complex (FCC) located in Victorville, California, 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 and female inmates. The FCC is presently identified as a Care Level III BOP facility.

Care Level III 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 III category is included as Attachment 2. 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 FCC. 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 FCC. A potential organizational conflict of interest may arise if the awardee is an entity which also holds or participates in a separate contract/agreement with the BOP as a medical claims adjudicator. A possible conflict of interest may exist if the awardee has dual responsibilities for the submission of medical claims for services rendered under the resulting contract and for the adjudication of those medical claims under a separate contract/agreement with the BOP.

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

III. Statement of Output

Within this Performance Work Statement (PWS), necessary services are described in terms of output rather than specific task assignments. The BOP desires to make an award to the offeror who can provide the best value, considering the diversity of available services and price, among other criteria specified in Section 5-2. Therefore, the Government may award any or all line items, may withhold award of any or all line items, or may award to an offeror who proposes less than the full complement of services contained in this solicitation. Accordingly, output items 1 and 2 are optional deliverables while output items 3, 4, and 5 are applicable to all services provided.

Offerors are encouraged to submit comprehensive proposals committing to provide all output listed in the solicitation. Offerors who propose less comprehensive approaches will be evaluated accordingly.

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

Output #2: Provide professional services which conform to community standards and all local, state and

Federal laws and regulations applicable to the delivery of health care to members of the general public. (Cross reference pricing categories 2a, 2b, and 2c)

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

Output #4: Manage medical record information in a manner which promotes continuity of care while observing restrictions on the release of information.

Output #5: Maintain open avenues of communication, facilitating the exchange of information between the contract provider, contract facility, and the Government regarding the contract services.

IV. Compliance with Contract Requirements

The Contractor’s efforts under this contract shall be monitored to ensure that the required output is achieved. The Government reserves the right to inspect and evaluate in a reasonable manner all services rendered during the performance of this contract. The Contractor’s performance will be measured by the Government utilizing the outcome measure indicators provided in Attachment 3.

The Contractor is responsible for all management and quality control actions necessary to meet the quality standards set forth by this contract. Prior to commencing performance, the Contractor shall develop and submit a quality control plan (QCP) for the FCC’s approval. Once the QCP is approved by the FCC, the Contractor shall utilize the QCP to guide and rigorously document the implementation of the required management and quality control actions to achieve the specified output.

V. Specific Requirements

Output #1: Provide inpatient and outpatient facility services which conform to community standards and all local, state and Federal laws and regulations applicable to the delivery of health care to members of the general public.

Output #1 is an optional deliverable. However, if the offeror proposes to provide these services, the following minimum requirements apply.

If proposed, the Contractor shall provide facility services on an as-needed basis in a manner which adheres to community standards of quality and cost-effective medical care. The services required to satisfy Output #1 may include inpatient facility and outpatient facility, including emergency room services. Inpatient visits for non-emergency services shall require private room accommodations with available space for up to three armed or unarmed guards per inmate.

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

The offeror’s technical proposal shall discuss in detail the diversity of services, as well as the proximity of facility providers to the FCC, that it is capable of providing to achieve Output #1.

Output #2: Provide professional services which conform to community standards and all local, state, and

Federal laws and regulations applicable to the delivery of health care to members of the general public.

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

Community-Based Services

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

If requested by the Contracting Officer, the Contractor shall be required to document primary source verification of the credentials for each provider including: current license from the appropriate State Board of Medical Examiners, education from professional schools or universities, evidence of completion of internships and/or residences as appropriate.

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

For prescriptions to be filled by the FCC pharmacy, contract providers shall only prescribe pharmaceutical drugs that are listed in the approved BOP Formulary. The BOP Formulary can be accessed at www.bop.gov/news//PDFs/formulary.pdf. Requests for exemptions shall be submitted to the Contracting Officer’s Representative (COR), who shall obtain the required approvals. As part of the Discharge Instructions, the issuance of sample medication to any Federal inmate shall be prohibited.

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

Institution-Based Services

As an additional tool to satisfy Output #2, professional services may be performed within the confines of the FCC.

If the resulting contract does not provide for telemedicine consultation or all of the on-site clinics listed, the FCC reserves the right to pursue such contracts. The FCC also reserves the right to determine the manner of an inmate’s referral, i.e., via on-site clinic, via community-based referral, via telemedicine consult, or any other method the FCC determines to be reasonable and appropriate.

If the Contractor performs on-site specialty clinics at the FCC, the following minimum requirements shall apply.

Contract services shall be provided on-site within the Health Services Unit of the FCC. Consultations shall be limited to the chief complaint on the BOP consultation form. Services shall include diagnosis and treatment of medical conditions with appropriate referral, if necessary, to a specialist at the contract medical facility.

Scheduling of clinics shall be subject to the mutual agreement of the FCC and the contract provider. Scheduling of inmates for on-site clinics shall be performed by the FCC.

Providers performing institution-based services shall be licensed to practice medicine in the State of California.

Providers performing these services shall apply for clinical privileges at the FCC. All clinical privileges shall be appropriate to the qualifications of the provider and the resources of the facility where care is provided. Any clinical privileges granted due to the award of this contract shall be contingent upon the continuation of this contract and upon the physician’s continued affiliation with the Contractor or any subcontractor. Continuation of privileges at the FCC shall be at the sole discretion of the FCC. Non-physician providers shall maintain active licenses from the State of California, as applicable.

The following specialty clinics/sessions may be conducted at the FCC contingent upon an acceptable over. The BOP reserves the right to award some, all, or none of the following on-sites clinics:

Cardiologist Dermatologist Dietician Endocrinologist

ENT Specialist General Surgeon Neurologist Orthopedic Surgeon Podiatrist Psychiatrist Urologist

In the event it becomes necessary for the Government to cancel a scheduled visit, the FCC will provide the contract provider with 48-hour written or verbal notice prior to canceling a visit. However, certain circumstances beyond the control of the FCC (e.g., fog or other Acts of God, institution disturbances, etc.) may dictate the cancellation of a scheduled visit with less than 48 hours written or verbal notice. In the event it becomes necessary for the contract provider to cancel a scheduled visit, the Contractor may provide qualified replacement professional staff or may reschedule a mutually agreed upon replacement session. Prior to utilizing replacement staff, the Contractor must obtain preliminary clearance from the Contracting Officer or COR, in accordance with the security and privileging requirements of this contract.

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

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

Overview. Upon completion of a treatment encounter, the Contractor shall prepare and submit proper invoices for services rendered under this contract. For the purpose of this contract, a specific definition for what documentation constitutes an invoice is provided below. A proper invoice shall include the information specified in FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items, paragraph (g). Services shall be invoiced in accordance with the terms and conditions of the contract, including the payment rate structures specified in the contract.

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

Invoice Definitions.

Line Items 1a - Inpatient Facility Services, 1b - Outpatient Facility Services, 2a - Inpatient Physician Services, 2b - Outpatient Physician Services, and 2c1 - Outpatient Institution Services - Other Physicians: At the outset of this contract, an invoice for services rendered under Line Items 1a, 1b, 2a, 2b, and 2c1 shall be a paper version of an invoice containing not more than 50 individual medical claims. Each invoice shall be supported with paper copies of Universal Billing (UB) 92 forms or Centers for Medicare and Medicaid Services (CMS) 1500 forms, as applicable, for each medical claim included in the invoice.

Following written notification to the Contractor by the Contracting Officer that a third-party medical claims adjudication service will be utilized by the FCC, an invoice for services rendered under Line Items 1a, 1b, 2a, 2b, and 2c1 shall be a paper invoice detailing not more than 50 individual medical claims which have been electronically transmitted to the BOP’s medical claims adjudicator via American National Standards Institute (ANSI) 837 format that also conforms to Medicare and Health Insurance Portability and Accountability Act of 1996 (HIPAA) electronic billing standards. For each medical claim included on the invoice, the Contractor shall reference, at a minimum, the following information: YREGDOC number, inmate name and register number, date of service, provider of service, billed code, and contract amount billed. Medical claims detailed in the invoice shall be listed first in descending order by the YREGDOC number, second in alphabetic order by the inmate’s last name, and third by ascending date of service (i.e., earliest to latest) when more than one medical claim is present for the same inmate within the same invoice.

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

Line Item 2c.2 - Outpatient Institution Services – (Dietician): An invoice for services rendered under Line Item 2c2, shall be a paper invoice detailing the date(s) sessions were provided, the number of sessions/per diem days provided, the unit pricing applied, and the extended total amount due. The BOP will not use the services of a third party medical claims adjudicator for verification of these services.

Provider Information.

Submission of Provider Data to the BOP’s Medical Claims Adjudicator: Within ten calendar days after notification that a third party medical claims adjudication service will be utilized by the FCC, the Contractor shall provide the BOP's medical claims adjudicator with a complete list of provider information, which will enable the medical claims adjudicator to accurately identify the correct payable amount for any provider performing services under the contract. Specific informational requirements are provided in Attachment 4. Provider information supplied to the BOP’s medical claims adjudicator should be appropriately marked to identify the data as proprietary information so that it may be adequately protected by the BOP and its contracted medical claims adjudicator. Provider information shall be submitted directly to the BOP’s medical claims adjudicator. As individual providers are added to the Contractor's network, the Contractor shall provide the information listed in Attachment 4 to the medical claims adjudicator no less than three business days prior to filing medical claims electronically for services rendered by such new providers.

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

Electronic Trading Partner Agreement. The BOP will execute the Electronic Trading Partner Agreement with the medical claims adjudicator (Attachment 5). The Contractor shall participate in the medical claims adjudication process described herein as a “Business Associate” of the BOP. As a Business Associate, the Contractor agrees to abide by all terms of the Trading Partner Agreement as it pertains to Business Associates.

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

Address information for the submission of a paper medical claim to the BOP’s medical claims adjudicator is provided in Attachment 6, along with other pertinent details.

Procedures for Filing Corrected Medical Claims.

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

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

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

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

Timeliness of Medical Claims. Medical claims shall be submitted/invoiced within 90 calendar days after an inmate’s discharge or outpatient encounter or other service provided under this contract. Medical claims which are submitted/invoiced beyond the 90-day requirement shall constitute a performance deficiency under this output and shall be documented in the Contractor’s performance evaluations. Medical claims which are submitted/invoiced within the acceptable time period, but are found to contain errors or require further justification, will be rejected and shall be resubmitted/reinvoiced by the Contractor within 30 calendar days from the date of rejection. Upon resubmission, invoices for corrected medical claims shall bear the new date of submission.

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

Output #4: Manage medical record information in a manner which promotes continuity of care while observing restrictions on the release of information.

Upon request, authorized BOP staff shall have access to and obtain copies of all inmate medical records and evaluation and treatment reports prepared and maintained by the contract facility and/or contract providers.

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

Notwithstanding the above restrictions on the release of information, medical record information shall be provided to the FCC in order to enhance inmate recovery as well as continuity of care. For inpatient admissions, a faxed report documenting treatment plans will be submitted to the FCC Medical Records Department no later than 8 am each day. This form with the requested information will be provided to the Contractor by the FCC. At the completion of treatment, the Contractor shall provide the FCC with documented discharge instructions, as provided by the attending physician. Copies of all lab, x-ray, EKG, progress notes and emergency room working notes shall also accompany the patient or be faxed immediately to the COR. A written report by the attending physician which documents the circumstances of the inpatient treatment, outpatient procedure, or other consultation shall be provided to the COR within ten business days of the inpatient discharge, outpatient procedure, or other consultation. All lab and consultations pending at time of discharge shall be faxed to the COR upon receipt but not later than 10 calendar days past discharge.

Output #5: Maintain open avenues of communication, facilitating the exchange of information between the contract physician, contract facility, and the Government regarding the contract services.

The Contractor shall provide a Point of Contact (POC) who shall be responsible for facilitating the Contractor’s delivery of health services under this contract. The POC shall have sufficient clinical knowledge to enable preliminary technical consultation, with referral to a specialist if necessary. The Contractor shall designate this individual in writing to the Contracting Officer prior to the start date of the contract. Alternate POC’s may be designated; however, the Contractor must identify those times when an alternate shall be the primary POC (i.e., after-hours and weekend referrals).

There shall be an open line of communication between the Contractor, its representatives, and the FCC to ensure that only those services ordered by the institution are provided, unless required for intervention in a life-threatening emergency. In the event of a life-threatening emergency, the Contractor shall contact the COR within a 24-hour time period or the next normal working day. All FCC referrals shall be the sole responsibility and decision of the Government. No inmate may be transferred to another medical facility, with exception of emergency cases, without advanced approval by authorized FCC medical staff.

The Contractor shall provide an On-site Scheduler to assist in meeting this output. The Contractor shall bear all cost associated with the On-site Scheduler except for: office located at the FCC, phone line and computer. The Contractor shall supply all other office supplies (paper, toner, pens, etc.) and equipment (fax, calculator, printer, etc.) necessary for the On-site Scheduler to perform. Any and all equipment supplies by Contractor shall have prior written approval by the COR. The On-site Scheduler shall meet and maintain any and all security clearance(s) as required during the life of the contract.

The offeror’s technical proposal shall discuss in detail, duties and work hours the On-site Scheduler will perform to assist in achieving Output #5.

VI. Enhancements to the Basic Contract Requirements

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

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

VII. Infants Born to Inmates and Inmates Who Release from BOP Custody

The BOP has the authority to pay for immediate postnatal care of a child born to a female inmate when the BOP finds itself responsible for the cost by default (no other resource can be compelled to pay). The BOP may assume financial responsibilities for the medical expense of a child for the first three (3) days after a routine vaginal birth or up to seven (7) days for a Caesarean section. This financial responsibility may be extended for a limited time for extenuating circumstances on a case-by case-basis. The Contractor shall bill the BOP according to established contract rates. In the event the infant’s medical needs exceed the BOP’s authority for financial responsibility, the Contractor shall coordinate the application for financial assistance (e.g. Medicaid) for the infant. Once the BOP’s obligations as set forth in this paragraph are concluded, no further payment will be made on behalf of the inmate’s infant child.

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

Should an inmate’s release date come while in inpatient status in…