RFQ_FOR_BPA_FDC_MIAMI.pdf
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- BPA COMPREHENSIVE MEDICAL SERVICES FDC MIAMI
- Solicitation number
- RFQP03101700008
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Request for quote for a BPA- Comprehensive Medical Services for FDC Miami.
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U.S. Department of Justice
Federal Bureau of Prisons Administration Division
Field Acquisition Office Grand Prairie, Texas 75051
April 11, 2017
RE: RFQP03101700008, Blanket Purchase Agreement, Comprehensive Medical Services Federal Detention Center, Miami, Florida
Dear Quoter:
Accompanying this cover letter is a solicitation prepared by the Federal Bureau of Prisons, Field Acquisition Office in Grand Prairie, Texas for the acquisition of Comprehensive Medical Services for the Federal Detention Center in Miami, Florida. The solicitation package includes the following:
Cover Letter (1 pages) Solicitation (51 pages) Attachments (5 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 May 4, 2017, at 2:00 p.m. central time.
Please place any questions you may have in writing and email them to tsjones@bop.gov. We will consider all questions received and provide responses, where appropriate.
If you have any questions, please feel free to call me at (972-352-4506.
Sincerely, Taryn Jones, Contract Specialist
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
RFQP03101700008
6. SOLICITATION ISSUE
DATE
04/11/2017
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
TARYN JONES TSJONES@BOP.GOV
b. TELEPHONE NUMBER (No collect calls)
972-352-4506
8. OFFER DUE DATE/
LOCAL TIME
05/04/2017 2:00 P.M. C.T.
9. ISSUED BY CODE BFAO 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, TX 75051
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
NET 30
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 FDC Miami 33 NE 4TH STREET
MIAMI, FLORIDA 33132
Federal Bureau of Prisons FDC Miami 33 NE 4TH STREET
MIAMI, FLORIDA 33132
17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE
OFFEROR CODE
FDC Miami 33 NE 4TH STREET
MIAMI, FLORIDA 33132
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 SERVICE
AT THE FEDERAL DETENTION CENTER IN MIAMI, FL
(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
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
001 BPA FOR COMPREHENSIVE MEDICAL SERVICES 12 MO
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK NUMBER
PARTIAL FINAL
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Overview
Services are required to be provided in accordance with the Performance Work Statement included in this solicitation/BPA. Quoters are required to submit a completed copy of the Schedule of Items for each offered provider network inclusive of Output #1 and #2.
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 MS-DRG payment (i.e., Operating Federal Rate) established for Core Based Statistical Area (CBSA) 33124, Miami, and Miami-Beach-Kendall, Florida. The Basic MS-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 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 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 4 for Miami, Dade, and Monroe, Florida. 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 33124, Miami, Miami-Beach-Kendall, Florida.
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/BPA 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 600 Days Outpatient Visits: Estimated 350 Visits
Outpatient Institution Services
Estimated quantities shall remain constant for the duration of the BPA. For Medicare-based services, duration of visits is listed for informational purposes only, as BPA rates will be based upon the Medicare allowable per procedure performed. Optometrist, Oral Surgeon shall be paid upon the provision of defined session.
Cardiologist: Visit Duration – 6 hours (Approximate) Visit Quantity –10 per performance period (Estimated)
Dermatologist: Visit Duration – 3 hours (Approximate) Visit Quantity – 20 per performance period (Estimated)
Endocrinologist: Visit Duration – 2 hours (Approximate) Visit Quantity – 5 per performance period (Estimated)
ENT: Visit Duration – 3 hours (Approximate) Visit Quantity –10 per performance period (Estimated)
Gastroenterology: Visit Duration – 4 hours (Approximate) Visit Quantity – 5 per performance period (Estimated)
General Surgery: Visit Duration – 4 hours (Approximate) Visit Quantity – 20 per performance period (Estimated)
Infectious Disease: Visit Duration – 2 hours (Approximate) Visit Quantity – 6 per performance period (Estimated)
Nephrology: Visit Duration – 2 hours (Approximate) Visit Quantity – 3 per performance period (Estimated)
OB/GYN: Visit Duration – 3 hours (Approximate) Visit Quantity – 20 per performance period (Estimated)
Ophthalmology: Visit Duration – 2 hours (Approximate) Visit Quantity – 40 per performance period (Estimated)
Optometrist: Session Duration – 4 hours (Approximate) Session Quantity – 12 per performance period (Estimated)
Oral Surgeon: Session Duration – 4 hours (Approximate) Session Quantity – 12 per performance period (Estimated)
Orthopedic Surgeon: Visit Duration – 4 hours (Approximate) Visit Quantity – 20 per performance period (Estimated)
Orthotics/Prosthetics: Visit Duration – 4 hours (Approximate) Visit Quantity – 5 per performance period (Estimated)
Physical Therapy: Visit Duration – 4 hours (Approximate) Visit Quantity – 10 per performance period (Estimated)
Podiatrist: Visit Duration – 4 hours (Approximate) Visit Quantity – 6 per performance period (Estimated)
Pulmonology: Visit Duration – 2 hours (Approximate) Visit Quantity – 5 per performance period (Estimated)
Rheumatology: Visit Duration – 2 hours (Approximate) Visit Quantity – 5 per performance period (Estimated)
Urologist: Visit Duration – 4 hours (Approximate) Visit Quantity – 30 per performance period (Estimated)
Note: For session priced items, sessions which exceed the established session or are less than a full session shall be prorated to the nearest quarter hour.
BPA Period Date of Award through 12 months from DOA
1a. Inpatient Facility Services: Discount or +___ Premium to Medicare Part A
1b. Outpatient Facility Services: _____ Discount or +___ Premium to Medicare Part B
2a. Inpatient Physician Services: ____ Discount or + ___ Premium to Medicare Part B
2b.Outpatient Physician Services: _____ Discount or + ___ Premium to Medicare Part B
2c.Outpatient Institution Services:
1. Other Physicians: -__________________ Discount or + _ Premium to Medicare Part B
2. Optometrist: __________________ $ _Per Session
3. Oral Surgeon: _______________ $ Per Session NOTE: IF OFFERING A VARIANCE FROM THE BENCHMARK MEDICARE RATE, INSERT APPLICABLE "-/+"
PERCENTAGE. IF NO VARIANCE, ENTER "0".
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 189,450 Federal offenders. The Federal prison system is a nationwide system of prisons and detention facilities for the incarceration of inmates who have been sentenced to imprisonment for Federal crimes and the detention of individuals awaiting trial in Federal court. The defined mission of the BOP is as follows: It is the mission of the Federal Bureau of Prisons to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.
As an agency under the Executive Branch of the United States Government, the BOP receives an annual appropriation of funds to accomplish its assigned mission. The public trust demands that this annual appropriation be prudently managed. Thus, dollars spent to maintain the health of the inmate population must reflect the agency’s best efforts to obtain cost-effective health care consistent with community standards.
In meeting the health care needs of a growing inmate population, the BOP provides essential medical, dental, and mental health services to Federal inmates by BOP staff. When a medical need arises which cannot be provided within prison walls by BOP staff, referrals are then made to community-based providers. It is the goal of this solicitation to establish an agreement that will provide necessary professional and facility services for both inpatient admissions and outpatient encounters.
The Federal Detention Center – Miami (hereinafter referred to as FDC) located in Miami; Florida intends to establish multiple Blanket Purchase Agreements (BPA) with a responsible entity for the provision of Comprehensive Medical Services as set forth in this solicitation/BPA. Each BPA awarded will be inclusive of services for a single provider network (Output #1, Facility Services and Output #2, Physician services).
The FDC currently houses male and female inmates. The FDC is presently identified as a broad spectrum care BOP facility. The FDC handles care Levels I, II, III, and IV which are administrative classifications designating the health of the inmate population 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 categories are included as Attachment 1. Classification and designation is the sole responsibility of the BOP and may be changed at any time without consideration to the contractor.
The Government will evaluate the proximity of each proposed network. 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 network providers pose an unacceptable cost or security risk.
Such networks will not be considered for a BPA award.
II. Statement of Output
Within this Performance Work Statement (PWS), necessary services are described in terms of output rather than specific task assignments. 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: Provide inpatient and outpatient facility services which conform to community standards and all local, state and Federal laws and regulations applicable to the delivery of health care to members of the general public. (Cross-reference pricing categories 1a and 1b.)
Output #2: Provide professional services which conform to community standards and all local, state and Federal laws and regulations applicable to the delivery of health care to members of the general public. (Cross-reference pricing categories 2a, 2b, and 2c)
Output #3: Submit properly-priced invoices for services rendered.
Output #4: Manage medical record information in a manner which promotes continuity of care while observing restrictions on the release of information.
Output #5: Maintain open avenues of communication, facilitating the exchange of information between the contract provider, contract facility, and the Government regarding the contract services.
III. Compliance with BPA 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 BPA.
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. For each network (hospital) offered, 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 FDC’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 within each network. The quote shall be inclusive of all medical services available at each network hospital.
Quotes which fail to offer all medical services at each proposed network hospital will be eliminated from consideration for a BPA award.
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 FDC 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 within each network. The quote shall be inclusive of all physician services available at each network hospital. Quotes which fail to offer all physician services at each proposed network hospital will be eliminated from consideration for a BPA award.
Institution-Based Services
As an additional tool to satisfy Output #2, specialty services may be performed within the confines of the FDC. If the resulting BPA does not provide for telemedicine consultation or all of the on-site clinics listed, the FDC reserves the right to pursue other avenues to acquire these services. The FDC 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 FDC determines to be reasonable and appropriate.
If the BPA Holder performs on-site specialty clinics at the FDC, the following minimum requirements shall apply. Services shall be provided on-site within the Health Services Unit of the FDC. 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 FDC and the BPA Holder. Scheduling of inmates for on-site clinics shall be performed by the FDC.
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 FDC. 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 FDC shall be at the sole discretion of the FDC. Non-physician providers shall maintain active licenses from the State of Florida as applicable.
The following specialty clinics/sessions may be conducted at the FDC contingent upon an acceptable quote. The BOP reserves the right to award some, all, or none of the following on-site clinics:
Cardiologist Dermatologist:
Endocrinologist:
ENT:
Gastroenterology:
General Surgery:
Infectious Disease:
Nephrology:
OB/GYN:
Ophthalmology:
Optometrist:
Oral Surgeon:
Orthopedic Surgeon:
Orthotics/Prosthetics:
Physical Therapy:
Podiatrist:
Pulmonology:
Rheumatology:
Urologist:
In the event it becomes necessary for the Government to cancel a scheduled visit, the FDC 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 FDC (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 BPA.
All personnel providing services within the confines of the FDC 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 entitled “Special BPA Conditions” this solicitation/BPA. All medical providers and other applicable staff who will enter the FDC to perform services on a recurring basis shall be required to attend a four-hour institution orientation course held at the FDC 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 BPA Holder shall prepare and submit proper invoices for services rendered under this BPA. For the purpose of this BPA, 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 BPA, including the payment rate structures specified in the BPA.
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 BPA, 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 – 2c3– Outpatient Institution Services: An invoice for services rendered under line item 2c2, and 2c3, Optometrist and Oral Surgeon 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.
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 BPA Holder’s medical facility and/or medical providers. Inmate medical records will be subject to review by the FDC 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 FDC 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 FDC Medical Records Department no later than 8 a.m. each day. This form with the requested information will be provided to the BPA Holder by the FDC. At the completion of treatment, the BPA Holder shall provide the FDC 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 BPA 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 FDC 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 FDC 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 FDC medical staff.
Inmates Who Release from BOP Custody
Quoters are advised that the BOP retains responsibility only for inmates in the custody of the BOP. The BOP’s responsibilities, including fiscal responsibilities, end with the inmate’s release from custody. Once released from custody, the former inmate will become personally liable for any further medical treatment received. When an inmate’s term of commitment expires while the inmate is in inpatient status in a contracted facility, the BOP will use its best effort to notify the 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.
Rape Elimination Act (PREA)
FDC 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 FDC to refer the inmate out into the community to a trained health care professional, the BPA Holder 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.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This BPA 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 52.204-18
Commercial and Government entity Code Maintenance (JUL 2016) 52.212-4
Contract Terms and Conditions - Commercial Items( JAN 2017) 52.224-1
Privacy Act Notification (Apr 1984) 52.224-2
Privacy Act (Apr 1984) 52.228-5
Insurance – Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Contractors (Dec 2013) 52.242-13 Bankruptcy (Jul 1995)
ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions - Commercial Items (JAN 2017)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting BPA 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 I.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 (BI) process begins on or after October 27, 2005:
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);
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;
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 The pre-appointment BI waiver requirements for all position sensitivity levels are a:
Favorable review of the security questionnaire form;
Favorable fingerprint results;
3) Favorable credit report, if required;
Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level; and
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).
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.
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:
Favorable review of the security questionnaire form;
Favorable fingerprint results;
Favorable credit report, if required; and 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.
Intermittent Contractors:
An exception to the above-mentioned short-term requirements would be intermittent contractors.
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.
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. 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. 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. 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.
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.
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.
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 D O J 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:
Legally resided in the United States (U.S.);
worked for the U.S. overseas in a Federal or military capacity; or 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/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)
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.
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.
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.
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.
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.
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)
"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. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.
The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.
Prior to commencement of work, contractors…
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