LexingtonBPASolicitation.pdf

September 21 , 2016

U.S. Department of Justice

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex Grand Prairie, Texas 75051

Re: RFQPO 1091600018Blanket Purchase Agreement, Comprehensive Medical Services Federal Medical Center, Lexington, Kentucky

Dear Quoter:

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 Medical Center (FMC) in Lexington, Kentucky. The solicitation package includes the following:

Cover Letter ( 1 pages) Solicitation (3 8 pages) Attachments (2 pages)

In submitting quotes, quoters 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 Performance Work Statement and the Special Contract Conditions of the solicitation. Quotes shall be received on or before the deadline of September 28, 2016, at 2:00pm local time.

Please place any questions you may have in writing and email them to ddoggett@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) 352-4510.

Sincerely, Darren Doggett, Contract Specialist Federal Bureau of Prisons

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

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

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

DATE DATE

RFQP01091600018 09/21/2016

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION

calls) LOCAL TIME

INFORMATION CALL: 09/28/2016

Darren Doggett 972-352-4510 2:00pm

9. ISSUED BY CODE 10. THIS ACQUISITION IS l.?5_J UNRESTRICTED OR LJ SET ASIDE: % FOR:

Federal Bureau of Prisons D SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS ---

D (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

Field Acquisition Office D HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

U.S. Armed Forces Reserve Complex BUSINESS

0EDWOSB 622110

346 Marine Forces Drive D SERVICE-DISABLED

SIZE STANDARD: VETERAN-OWNED

Grand Prairie, TX 75051 SMALL BUSINESS 08 (A) $38.5 million

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 130. RATING

TION UNLESS BLOCK IS 0 13a. THIS CONTRACT IS A

MARKED RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

D SEE SCHEDULE [8jRFQ 01FB 0RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE I

Federal Medical Center See Block 15 3301 Leestown Road Lexington, KY 40511 17a. CONTRACTOR/ CODEI I

FACILITY 18a. PAYMENT WILL BE MADE BY CODE I

OFFEROR CODE

See Block 15

TELEPHONE NO.

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

D OFFER BELOW IS CHECKED

D SEE ADDENDUM

19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Blanket Purchase Agreement for the provision of comprehensive medical services at the Federal Medical Center, Lexington, Kentucky

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

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

O 27a . SOLI CITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.21 2-4. FAR 52.212-3 AND 52.212-5 ARE A TI ACHED. ADDENDA

D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERE NCE FAR 52.212-4. FAR 52.212-5 IS ATIACHED. ADDE NDA

[8J ARE D ARE NOT ATIAC HE D

D ARE D ARE NOT ATIACHED

D 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN --- D 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED 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)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA - FAR (48 CFR) 53.212

Overview

Services are required to be provided in accordance with the Performance Work Statement included in this solicitation/SPA. Quoters are required to submit, a completed copy of the Schedule of Items

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 by 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 benchmark 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 DRG payment (i.e., Operating Federal Rate) established for CBSA 30460, Lexington-Fayette, Kentucky. The Basic DRG calculation shall not include any provider-specific adjustments allowed under actual Medicare participation. Quoters may propose a discount from or a premium to Basic DRG rates.

Medicare Part B Physician and Non-Physician Services. The Medicare benchmark to be utilized for all physician services 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 0 for the State of Kentucky. The benchmark charges shall be those established for participating providers. Quoters 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 30460, Lexington-Fayette, Kentucky. Quoters may propose a discount from or a premium to the benchmark charges.

Estimated Quantities

Estimated quantities for the BPA period is detailed below. The estimated quantities provided are not a representation to the quoter/BP A Holder 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

Inpatient Days: Estimated 2200 Days Outpatient Sessions: Estimated 3500 Sessions

Outpatient Institution Services

Estimated quantities shall remain constant during the BPA performance period. 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. Sessions that exceed the established session or are less than a full session shall be prorated to the nearest quarter hour.

Allergy: Session Duration - 3 hours Session Quantity - 6 per performance period

Pre-Op Anesthesiology: Session Duration - 1 hour Session Quantity - 48 per performance period

Audiology: Session Duration - 3 hours Session Quantity - 12 per performance period

Cardiology: Session Duration - 3 hours Session Quantity - 48 per performance period

Cardiovascular Surgery: Session Duration - 3 hours Session Quantity - 6 per performance period

Colorectal: Session Duration - 3 hours Session Quantity - 6 per performance period

Dermatology: Session Duration - 3 hours Session Quantity - 12 per performance period

Endocrinology: Session Duration - 3 hours Session Quantity - 12 per performance period

Gastroenterology: Session Duration - 3 hours Session Quantity - 12 per performance period

Geriatrics: Session Duration - 3 hours Session Quantity - 12 per performance period

Hematology/Oncology: Session Duration - 3 hours Session Quantity - 24 per performance period

Infectious Disease: Session Duration - 3 hours Session Quantity - 12 per performance period

Nephrology: Session Duration - 3 hours Session Quantity - 24 per performance period

Neurology/Mem. Distorder: Session Duration - 3 hours Session Quantity - 36 per performance period

08/GYN: Session Duration - 3 hours Session Quantity - 36 per performance period

Orthopedics: Session Duration - 3 hours Session Quantity - 12 per performance period

ENT: Session Duration - 3 hours Session Quantity - 12 per performance period

Pain Management: Session Duration - 3 hours Session Quantity - 12 per performance period

Plastic Surgery/Wound Care: Session Duration - 3 hours Session Quantity - 24 per performance period

Podiatry: Session Duration - 3 hours Session Quantity - 24 per performance period

Psychiatry: Session Duration - 3 hours Session Quantity - 96 per performance period

Pulmonology: Session Duration - 3 hours Session Quantity- 12 per performance period

Rheumatology: Session Duration - 3 hours Session Quantity- 12 per performance period

Speech Language Pathology: Session Duration - 3 hours Session Quantity - 6 per performance period

Urology: Session Duration - 3 hours Session Quantity - 24 per performance period

Vascular Surgery: Session Duration - 3 hours Session Quantity - 6 per performance period

Ophthalmology: Session Duration - 3 hours Session Quantity - 24 per performance period

Respiratory Therapy: Session Duration - 4 hours Session Quantity - 12 per performance period

PICC and Central Line IV: Session Duration - 2 hours Session Quantity - 12 per performance period

Oral Surgeon: Session Duration - I hour Session Quantity - 24 per performance period

BPA Period Date of Award through 12 months from DOA

I a. Inpatient Facility Services: Discount or + Premium to Medicare Part A

I b. Outpatient Facility Services: Discount or + Premium to Medicare Part 8

2a. Inpatient Physician Services:

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

2c. Outpatient Institution Services:

I . Allergy $ er session

2. Pre-Op Anesthesiology $ per session

3. Audiology $

4. Cardiology $ er session

5. Cardiovascular Surgery $ er session

6. Colo rectal $ per session

7. Dermatology $ per session

8. Endocrinology $ per session

9. Gastroenterology $ er session

10. Geriatrics $ er session

11. Hematology/Oncology $ per session

12. Infectious Disease $ per session

13. Nephrology $ per session

14. Neurology/Mem. Disorder $ per session

15. OB/GYN $ er session

16. Orthopedics $ per session

17. ENT $ per session

18. Pain Management $ per session

19. Plastic Surgery/Wound Care $ per session

20. Podiatry $ per session

21. Psychiatry $ er session

22. Pulmonology $ per session 23 . Rheumatology $ per session

24. Speech Language Pathology $ per session

25. Urology $ per session

26. Vascular Surgery $ per session

27. Ophthalmology $ per session

28. Respiratory Therapy $ per session

29. PICC and Central Line IV $ per session

30. Oral Surgeon $ per session

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

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

PERFOPRMANCE 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 192,000 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 h_ealth 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 an agreement that will provide necessary professional and facility services for both inpatient admissions and outpatient encounters.

The Federal Medical Center located in Lexington, Kentucky (hereinafter referred to as FMC), intends to award a single Blanket Purchase Agreement (SPA) to a responsible entity for the provision of Comprehensive Medical Services as set forth in this solicitation/SPA. The FMC currently houses male and female inmates. The FMC is presently identified as a Care Level IV BOP facility . This is an administrative classification which provides for the designation of an inmate population which generally suffers from serious health issues. Criteria for categorizing an inmate in the Care Level IV 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 FMC is located at 3301 Leestown Road, Lexington, KY 40511. 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 FMC. 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 quotes unacceptable.

II. 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 quoter 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 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 quotes committing to provide all output listed in the solicitation. Quoters who propose less comprehensive approaches will be evaluated accordingly.

Output #1 :

Output #2 :

Output #3:

Output #4:

Output #5:

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 1 a and 1 b.)

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)

Submit properly-priced invoices for services rendered .

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

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

Ill. Compliance with Contract Requirements

The BPA Holder'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 BPA.

The BPA Holder is responsible for all management and quality control actions necessary to meet the quality standards set forth by this SPA.

IV. 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 quoter proposes to provide these services, the following minimum requirements apply. If proposed, the BPA Holder 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 FMC'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 a quoter intends to utilize a facility which is accredited or certified by any other recognized professional accrediting body, the quoter shall submit documentation validating this accreditation or certification as a part of its quote.

The quote shall discuss in detail the diversity of services, as well as the proximity of facility providers to the FMC, 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 quoter 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 BPA Holder 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 BPA Holder 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 FMC pharmacy, medical providers performing under this BPA 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, 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 to the FMC, 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 FMC. If the resulting BPA does not provide for telemedicine consultation or all of the on-site clinics listed, the FMC reserves the right to pursue other avenues to acquire these services. The FMC 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 FMC determines to be reasonable and appropriate.

If the BPA Holder performs on-site specialty clinics at the FMC, the following minimum requirements shall apply. Services shall be provided on-site within the Health Services Unit of the FMC. 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 FMC and the BPA Holder. Scheduling of inmates for on-site clinics shall be performed by the FMC.

Providers performing institution-based services shall be licensed to practice medicine in the State of Kentucky. Providers performing these services shall apply for clinical privileges at the FMC. 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 FMC shall be at the sole discretion of the FMC. Non physician providers shall maintain active licenses from the State of Kentucky, as applicable.

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

Allergy Audiology Cardiovascular Surgery Dermatology Gastroenterology

Pre-Op Anesthesiology Cardiology Colo rectal Endocrinology Geriatrics

Hematology/Oncology Nephrology

OB/GYN

ENT

Plastic Surgery/Wound Care Psychiatry Rheumatology Urology Ophthalmology PICC and Central Line IV

Infectious Disease Neurology/Mem. Disorder Orthopedics Pain Management Podiatry Pulmonology Speech Language Pathology Vascular Surgery Respiratory Therapy Oral Surgeon

In the event it becomes necessary for the Government to cancel a scheduled visit, the FMC 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 FMC (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 FMC 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/SPA. All medical providers and other applicable staff who will enter the FMC to perform services on a recurring basis shall be required to attend a four-hour institution orientation course held at the FMC 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.

Invoice Definitions. Line Items 1a - Inpatient Facility Services, 1b - Outpatient Facility Services, 2a

- Inpatient Physician Services, 2b - Outpatient Physician Services: At the outset of this contract, an invoice for services rendered under Line Items 1 a, 1 b, 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 2c1 - 2c30 - 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/reinvoiced 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.

No later than November 1 of each year, the BPA Holder 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 BPA Holder shall provide a written estimate to the FMC 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 BPA Holder 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 BPA Holder's medical facility and/or medical providers. Inmate medical records will be subject to review by the FMC 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 Contracting Officer for processing.

Notwithstanding the above restrictions on the release of information, medical record information shall be provided to the FMC 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 FMC Medical Records Department no later than 8 am each day. This form with the requested information will be provided to the BPA Holder by the FMC. At the completion of treatment, the BPA Holder shall provide the FMC 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 Health Services Administrator (HSA). 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 HSA 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 HSA 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 BPA Holder shall provide a Point of Contact (POC) who shall be responsible for facilitating the BPA Holder's delivery of health services under this BPA. The POC shall have sufficient clinical knowledge to enable preliminary technical consultation, with referral to a specialist if necessary. The BPA Holder shall designate this individual in writing to the Contracting Officer prior to the start date of the BPA. Alternate

POC's may be designated; however, the BPA Holder 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 BPA Holder, its representatives, and the FMC 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 BPA Holder shall contact the HSA within a 24-hour time period or the next normal working day. All FMC 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 FMC medical staff.

V. 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 responsibility for the medical expenses 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 responsibil ity may be extended for a limited time for extenuating circumstances on a case-by-case basis. The BPA Holder shall bill the BOP according to established BPA rates. In the event the infant's medical needs exceed the BOP's authority for financial responsibility, the BPA Holder shall coordinate the appl ication for financial assistance (e.g., Medicaid) for the infant. Once the BOP's obligations as set forth in th is paragraph are concluded , no further payment will be made on behalf of the inmate's infant child .

Quoters are advised that the BOP retains responsibility only for inmates in the custody of the BOP. The BOP's responsibilities, including fiscal responsibil ities, 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 BPA Holder in advance of the inmate's projected release date. In preparation of a pending release from BOP custody, the BPA Holder 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 a contracted hospital , the inmate's place of conviction and/or legal residence is outside the local area, and there are no other entities assuming custodial responsibility for the inmate, the BOP will accept financial responsibility for the inmate's medical care until the BOP can satisfy its obligation provide release transportation for the inmate.

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): http://www.acquisition.gov

Clause Title 52.212-4 Contract Terms and Conditions - Commercial Items (May 2015) 52.228-5 Insurance - Work on a Government Installation (Jan 1997)

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 Full Text

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

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase 1.1 . Long-Term Contractor Personnel :

In order to be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contractor employee whose background investigation (Bl) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, 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 Bl commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum Bl requirements for each risk level :

• High Risk - Background Investigation (5 year scope)

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

(MBI)

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

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

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results ;

3) Favorable credit report, if required ;

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

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

A badge may be issued following approval of the above waiver requirements.

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 Bl 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 1 a. and 1 b. 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 Bl 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-1 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 be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re approved each year.

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years) , favorably adjudicated Bl meeting HSPD-12 and DOJ's Bl 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 /Fl PS-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-1 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-11) 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.

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 RESIDENCY REQUIREMENT BUREAU OF PRISONS (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; or

3. been a dependent of a Federal or mil itary 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/citizen.htm

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

[End of Clause]

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR

OTHER NATIONAL EMERGENCY (May 2008)

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

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

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

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

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

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

• Integrate pandemic health crisis response expectations into telework agreements.

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

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

• Practice telework regularly to ensure effectiveness.

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

• Identify how time and attendance will be maintained.

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

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

[End of Clause]

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.

(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.

(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)

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

(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No.