Binder1.pdf

U.S. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office U.S. Armed Forces Complex Grand Prairie, Texas 75051

October 19, 2016

Re: RFQP01031600019, Blanket Purchase Agreement, Comprehensive Medical Services Federal Correctional Institution Beckley, West Virginia

Dear Interested Parties:

Accompanying this cover letter is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office in Grand Prairie, Texas for the acquisition of Comprehensive Medical Services for the federal correctional institution located in Beckley, West Virginia.

This Package contains all the necessary information for submitting a quote for evaluation, including the following:

• Cover Letter (2 Pages)

• Solicitation ( 34 Pages)

• Attachments (7 pages)

In submitting quotes, interested parties should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content and formation of the quotes. Detailed information can be located in the Performance Work Statement and the Special BPA conditions of the solicitation.

All communications regarding this BPA, including any of a technical nature, must be made in writing to the Contracting Officer. Questions will not be answered by telephone or in person. We will consider all questions received and proved responses, where appropriate.

The Contracting Officer assigned to this procurement is the undersigned. Your attention is directed to the fact that the contracting officer is the only individual who can legally commit or obligate the Government to an expenditure of public funds should a contract result from this BPA.

Prospective interested parties are also cautioned against discussing the preparation of their quote (or any technical questions) with Government technical personnel. The circumstances of such contact, when verified, may result in non-consideration of the quote. Accordingly, all communication prior to award shall be directed to the contracting officer, in writing, at the address listed below.

Taryn Jones, Contracting Officer Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, Texas 75051

Submission of Quotes Proposals shall be submitted in three separate volumes as follows:

Multiple Quotes are not accepted for this acquisition.

Interested Parties are required to choose one of the following methods when submitting a Quote:

• Electronic Quotes. Interested parties may submit their scanned documents electronically via email to tsjones@bop.gov. If interested parties choose to submit their quotes electronically, all documents must be in PDF format. All documents must be submitted and in Government’s control by the due date and times set forth in block 8 of the standard Form (SF) 1449, page 1 of the solicitation. The Government email can only receive documents up to 14 megabytes. If the file size exceeds 14MB, offerors may consider breaking the documents into separate documents for smaller size and send as separate files. It remains the offerors responsibility to ensure All Documents are in the Governments control by the proposal due date and time. Please refer to FAR 52.212-1(F)(2)(i)(A), (B), and (C).

• Quotes via Compact Disc (CD). CDs containing quotes in PDF format may be mailed or hand-carried to Contracting Officer or Contract Specialist at the address shown below no later than the time specified as the deadline for receipt of quotes. The official point of receipt for hand-carried quotes will be at the first floor reception area of the address listed below:

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, Texas 75051 Attn: Taryn Jones, Contract Specialist

• Quotes received after the proposal deadline will be processed pursuant to FAR 52.212-19(f).

• Hard copies of quotes will not be accepted.

mailto:tsjones@bop.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQP010316100019

6. SOLICITATION ISSUE

DATE

10/19/2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TARYN S.JONES tsjones@bop.gov

b. TELEPHONE NUMBER (No collect calls)

(O)972-352-4506

8. OFFER DUE DATE/

LOCAL TIME

10/26/2016

3:00 P.M. CT

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

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

BUSINESS EDWOSB 622110

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8 (A) $38.5 Million

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

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Federal Bureau of Prisons FCI Beckley West Virginia 1600 Industrial Park Beaver, West Virginia 25813

Same as Block # 9

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

OFFEROR CODE

TELEPHONE NO.

Federal Bureau of Prisons FCI Beckley West Virginia 1600 Industrial Park Beaver, West Virginia 25813

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Blanket Purchase Agreement for the provision of Comprehensive Medical Services at FCI Beckley

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. 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. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212 mailto:tsjones@bop.gov

Page | 2

Overview

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

Pricing Methodology Except for services based on session rates, price quotes will be calculated from benchmarks utilizing Medicare reimbursement methodologies. For each category of service to be provided, quoters 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 b y the Centers for Medicare and Medicaid Services. The rates established in the resulting BPA shall not be construed as participation in the Medicare program; BPA 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 quoter; quoters need only to quote that percentage discount from or premium to the Medicare b e n c h m a r k rate which will reflect the desired level of payment for the category of services rendered. If during BPA performance, it is determined that a necessary BPA deliverable is not covered by Medicare reimbursement methodologies, a separate rate shall be negotiated for such deliverable(s).

Medicare Part A. The Medicare benchmark to be utilized for all services covered by Medicare Part A shall be the most current Basic MS-DRG payment (i.e., Operating Federal Rate) established for Core-Based Statistical Area (CBSA) 16620 Charleston West, Virginia. 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 MS-DRG rates. (Refer to Attachment 2 of this solicitation)

Medicare Part B Physician and Non-Physician Services. The Medicare benchmark to be utilized for all physicians and non-physician services covered by Medicare Part B shall be those rates established in the most current Medicare Part B Fee Schedule for Payment Locality 16 for the State of West Virginia. 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 16620, Charleston, West Virginia.

Estimated Quantities

Estimated quantities for the base year and all option periods are detailed below. The estimated quantities provided are not a representation to the quoter/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

BPA Period Date of Award (DOA) through 12 months from DOA

Inpatient Days: 300 days estimated Outpatient Visits: 400 visits estimated

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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. Orthotics/Prosthetics, Mobile MRI, and Mobile Ultrasound/Echo services shall be paid based upon the provision of defined sessions. The estimated quantities are not a representation to an offeror or contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal.

Orthopedic Surgeon: Visit Duration – 4 hours (Approximate)

Visit Quantity – 24 per contract year (Estimated)

Dermatologist: Visit Duration – 4 hours (Approximate) Visit Quantity – 10 per contract year (Estimated)

Psychiatrist: Visit Duration – 4 hours (Approximate)

Visit Quantity – 20 per contract year (Estimated)

Orthotics/ Prosthetics: Session Duration – 3 hours (Approximate) Session Quantity – 12 per contract year (Estimated)

Mobile MRI: Session Duration-8 hours

Session Quanity-6 per contract year (Estimated)

Mobile Ultrasound/Echo Session Duration-8 hours Session Quantitiy-8 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

Schedule of Items:

Quoters shall complete the following Schedule of Items. All proposed pricing will be evaluated in accordance with FAR 52.212-2, "Evaluation--Commercial Items" and "Evaluation of Proposals" (within Attachment IV) of this solicitation/BPA.

BPA Period:

Date of Award through 12 months from DOA Schedule of Items

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 2c1. Other Physicians - Discount or + Premium to Medicare Part B 2c2. Orthotics/Prosthetics $ per Session 2c3. Mobile MRI $ per Session 2c4. Mobile Ultrasound/Echo $ per Session

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Performance Work Statement (PWS)

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 192,000 Federal offenders. The Federal prison system is a nationwide s ys t e m 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. It is the mission of the BOP 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.

The Federal Correctional Institution (hereinafter referred to as FCI) located in Beckley, WV , intends to award a single Blanket Purchase Agreement (BPA) to a responsible entity for the provision of Comprehensive Medical Services as set forth in this solicitation/BPA. The FCI currently house male inmates. The FCI is presently identified as a Care Level II BOP facility. Care Level II is an intermediate classification on the four-level scale where Care Level I represents the healthiest inmates and Care Level IV represents inmates with serious health issues. Criteria for categorizing an inmate in the Care Level II category is included as Attachment I. Despite this description of the general health of the inmate population, however, needs for inmate healthcare may arise at varying levels of complexity.

The FCI is located at 1600 Industrial Park Beaver, WV 25813. In evaluating quotes, 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 FCI. Although a mileage restriction has not been placed on this acquisition, the Government reserves the right to determine the proposed driving distances/conditions to community-based providers pose an unacceptable cost or security risk and to find such quotes unacceptable.

II. Statement of Output

Within this Performance Work Statement (PWS), necessary services are described in terms of output rather than specific task ass ignments . The BOP desires to make an award(s) to the quoter who can provide the best value, considering the diversity of available services and price. Therefore, the Government may award any or all line items, may withhold award of any or all line items, or may award to a quoter 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. Quoters are encouraged to submit comprehensive proposals committing to provide all output listed in the solicitation. Quoters who propose less comprehensive approaches will be evaluated accordingly.

Output #1: Provide inpatient and outpatient facility and 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: Develop and implement a managed care approach which provides each inmate with sufficient identification to facilitate the authorization and delivery of health care within the contractor’s network of care providers.

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.

Page | 5

III. Compliance with Contract Requirements

The Contractor’s efforts under this BPA 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 BPA holder is responsible for all management and quality control actions necessary to meet the quality standards set forth by this BPA.

IV. Specific Requirements

Output #1: Provide inpatient and outpatient facility and 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.

Throughout the performance of this BPA, the Contractor shall not utilize any provider that appears in the List of Excluded Individuals/Entities (LEIE) maintained by the U.S. Department of Health & Human Services.

For each output 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.

It is the BOP’s preference to obtain the services of facilities that are accredited by the Joint Commission. Quoters utilizing facilities which maintain accreditation by the Joint Commission shall submit a copy of the current accreditation certificate as part of the quote. If an quoter 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 quote.

Output #2: Develop and implement a managed care approach which provides each FCI inmate with sufficient identification to facilitate the authorization and delivery of health care within the contractor’s network of care providers. 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.). For each output 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. The medical urgency of any referral must receive consideration in the scheduling and delivery of professional services.

For prescriptions to be filled by a BOP 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 quote shall discuss in detail the diversity of services, as well as the proximity of professional providers, for the FCI, that it is capable of providing to achieve Output#2.

Institution-Based Services As an additional tool to satisfy Output #2, specialty services may be performed within the confines of the FCI. If the resulting BPA does not provide for telemedicine consultation or all of the on-site clinics listed, the FCI reserves the right to pursue other avenues to acquire these services. The FCI 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 FCI determines to be reasonable and appropriate.

http://www.bop.gov/news/PDFs/formulary.pdf http://www.bop.gov/news/PDFs/formulary.pdf

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If the BPA Holder performs on-site specialty clinics at the FCI, the following minimum requirements shall apply. Services shall be provided on-site within the Health Services Unit of the FCI. 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 BPA Holder’s medical facility. Scheduling of clinics shall be subject to the mutual agreement of the FCI and the BPA Holder.

Scheduling of inmates for on-site clinics shall be performed by the FCI. Providers performing institution-based services shall be licensed to practice medicine in the State of Florida. Providers performing these services shall apply for clinical privileges at the FCI. 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 BPA shall be contingent upon the continuation of this BPA and upon the provider’s continued affiliation with the BPA Holder or any subcontractor.

Continuation of privileges at the FCI shall be at the sole discretion of the FCI Non-physician providers shall maintain active licenses from the State of West Virginia as applicable.

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

Orthopedic Surgeon Dermatologist Psychiatrist Orthotics/Prosthetics Mobile MRI Mobile Imaging (Ultrasound Echo)

In the event it becomes necessary for the Government to cancel a scheduled visit, the FCI will provide the BPA Holder with 48-hour written or verbal notice prior to canceling a visit. However, certain circumstances beyond the control of the FCI (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 BPA Holder to cancel a scheduled visit, the BPA Holder may provide qualified replacement professional staff or may reschedule a mutually agreed-upon replacement session. Prior to utilizing replacement staff, the BPA Holder must obtain preliminary clearance from the Contracting Officer, in accordance with the security and privileging requirements of this contract. All personnel providing services within the confines of the FCI shall have a complete background investigation conducted in accordance with BOP Program Statement 3000.03, "Human Resource Management Manual." See also "Security/Investigative Requirements" contained within Section 4-1 of this solicitation/BPA.

All medical providers and other applicable staff who will enter the FCI to perform services on a recurring basis shall be required to attend a four-hour institution orientation course held at the FCI or a mutually acceptable site. A "refresher" orientation must be completed annually. The BPA Holder's costs for staff to attend this training shall be the responsibility of the BPA Holder. The Contracting Officer will be responsible for scheduling training for all applicable 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.

The BOP will pay all invoices directly to the Contractor. Invoices shall be submitted within 90 calendar days after an inmate’s discharge or outpatient encounter or other service provided under this contract. Invoices which are submitted beyond the 90-day requirement shall constitute a performance deficiency under this output and shall be documented in the Contractor’s performance evaluations. Invoices which are submitted within the acceptable time period, but are found to contain errors or require further justification, will be rejected and shall be re-submitted by the Contractor within 30 calendar days from the date of rejection. Upon re-submission, invoices for 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 BOP of outstanding fiscal year obligations, supported by adequate documentation. This estimate and supporting documentation shall be provided to the Contracting Officer 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.

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Prompt payment to health care providers. In accordance with FAR 12.213, the Contractor shall implement commercial practices for health care payers in the surrounding community for prompt payment of all health care providers performing services under this contract. Such prompt payment terms shall be a material part of all subcontracts/agreements awarded by the Contractor. The Contractor shall agree ensure that all health care providers acknowledge the following notice upon award of a subcontract/agreement for performance under this contract.

Notice to Health Care Providers: All health care providers are hereby advised that the Federal Bureau of Prisons (Bureau) maintains no privity of contract with any party other than (Prime Contractor) regarding performance of the above-referenced contract. Notwithstanding FAR 52.212-4(b), a subcontract or other agreement between (Prime Contractor) and a health care provider is a private-party contract. As such, the Bureau will not intervene in disputes between (Prime Contractor) and any subcontractor/health care provider on any issue, including payment disputes. All subcontractors/health c a r e providers are advised that payments due from the Bureau for performance under the prime c o n t r a c t will be paid only to (Prime Contractor). Accordingly, (Prime Contractor) is responsible for remitting payments to subcontractors/health care providers in accordance with the terms of the negotiated subcontract/agreement, if any. By submitting a response to the solicitation and/or by accepting award the contractor acknowledges as such, (Prime Contractor) and subcontractors/health care providers should look to the remedies afforded them under any such negotiated subcontract/agreement.

If the Contractor fails to make prompt payment to health care providers, the Contracting Officer will consider any “unjustified failure(s)” by the Contractor to make prompt payments to a health care provider when evaluating the Contractor’s performance. Any unjustified failures to make prompt payments to health care providers will be reported in the Contractor Performance Assessment Reporting System (CPARS). The Government may terminate this contract, or any part hereof, for cause in the event of any default by [Prime Contractor], or if [Prime Contractor] fails to comply with any contract terms and conditions, or fails to provide the government, upon request, with adequate assurances of future performance.

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.

Line Item 2c2 – Outpatient Institution Services-: 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 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.

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 BPA. 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/re-invoiced by the BPA Holder within 30 calendar days from the date of rejection. Upon resubmission, invoices for corrected medical claims shall bear the new date of submission.

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 BOP 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 BOP in order to enhance inmate recovery as well as continuity of care. The inmate’s parent BOP correctional facility continues to maintain an inmate’s medical record until sentence completion.

At the completion of treatment, discharge and/or consultation, the Contractor shall provide the inmate with any treatment plan and/or discharge instructions, as provided by the attending physician. All remaining documents for inclusion in the inmate’s medical record shall be sent to the inmate's parent BOP correctional facility. The documents to be sent shall include, but not limited to, copies of all lab, x-ray, EKG, progress notes and emergency room working notes, etc. as well as a written report by the attending physician which documents the

Page | 8 circumstances of the inpatient treatment, outpatient procedure, or other consultation. The contractor shall submit the above information for inclusion in the inmate’s medical record to the parent correctional facility within 30 calendar days of the inpatient discharge, outpatient procedure, or other consultation.

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 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 BOP 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 BOP 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 BOP medical staff.

A contract provider may discuss with the inmate patient only the diagnosis and possible treatment options directly related to the written consultation provided by the BOP. The contract provider should not guarantee any future treatment to the inmate or discuss future appointment dates. All consultant recommendations should be sent to the BOP for review by the Primary Care Provider Team (PCPT) and/or Clinical Director (CD). The BOP PCPT and/or CD are under no obligation to follow consultant recommendations. All patient care information and/or treatment plans will be reviewed by the PCPT/CD and the final disposition will be relayed to the inmate in accordance with BOP policies and procedures. In the event further care is approved, the Contractor will be notified by the BOP. The Contractor shall not perform any treatment/procedures unrelated to the reason for consultation without receiving prior authorization from the BOP.

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.

V. Prison Rape Elimination Act (PREA)

FCI Health Services staffs are responsible for assessment, examination, documentation, and treatment of inmate injuries arising from incidents of sexual abuse, including testing when appropriate for pregnancy, HIV, and other sexually transmissible infections (STIs). Where indicated, medical staff, trained in the collection of sexual assault evidence (e.g., “rape kit”) should conduct an examination for physical evidence that may be used later in formal investigations, or refer the inmate to trained health care professionals from the local community or at the local community facility equipped (in accordance with local laws) to evaluate and treat sexual assault victims. Should there be a need for the FCI to refer the inmate out into the community to a trained health care professional, the offeror’s technical proposal shall discuss in detail the protocol (including but not limited to, the facilities who offer these services, examiners’ certifications, and local laws/requirements) to help meet this requirement.

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Section 3 – Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (May 2015)

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

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far

Clause Title 52.212-4 Contract Terms and Conditions – Commercial Items (May 2015)

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

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

52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June 2016)

Clauses by Full Text

52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause) 52.237-7 Indemnification and Medical Liability

Insurance (Jan 1997)

(a) It is expressly agreed and understood that this is a non-personal 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 contractor. 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 specific 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 contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $1,000,000.

http://www.acquisition.gov/far

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(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability 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 extended 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 endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor 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 Contracting Officer evidence of such insurance.

(End of clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)”after the date of the clause.

(b) The use in this solicitation or contract of any Justice Acquisition Regulation (48 CFR 28) clause with an authorized deviation is indicated by the addition of “(DEVIATION)”after the name of the regulation.

(End of clause)

52.24-403-70

Notice of Contractor Personnel Security Requirements (Oct 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I. Long-Term Contractor Personnel: In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (BI) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

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

c. Contractor Personnel must undergo a 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;

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3) Favorable credit report, if required;

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

and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable 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 Investigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the 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 and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, if required;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate 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 issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-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 and/or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For example, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

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

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

d. If an intermittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will b e 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 DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

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

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

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

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

http://www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

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

(End of clause)

52.27-103-72

DOJ Contractor Residency Requirement (June 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);

2. Worked for the U.S. overseas in a Federal or military capacity;

3. Been a dependent of a Federal or military employee serving overseas.

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

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

(End of Clause)

52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011)

The services, although not directly supervised, shall be reviewed by the Federal Bureau of Prisons (BOP) staff to ensure contract compliance.