Attachment_III_-_Special_BPA_Conditions.pdf

RFQP04021500003

ATTACHMENT III

SPECIAL BPA CONDITIONS

Description of Agreement: The __________________________ agrees to provide comprehensive medical services to the inmates located at FPC Duluth. The period of performance for this BPA shall be at least a 12 month increment with continued service based on the Contracting Officer’s annual review. Either party may cancel by giving a 60 day written notice of such cancellation.

Extent of Obligation: The FPC Duluth is only obligated to the extent of authorized purchases actually made under the BPA.

Purchase Limitations: There is no specific dollar limitation for each individual purchase under this BPA.

Individuals Authorized to Purchase Under the BPA: All warranted contracting officers located at FPC Duluth and FCI Sandstone are authorized to place orders under the BPA. However the dollar limitation of each purchase is based on the authority granted to the contracting officer to obligate the government. A Certificate of Appointment is subject to the limitations of the delegation.

Non-Personal Services Status. Award of this BPA will result in a contractual arrangement only and shall not be construed as a personnel appointment with the Bureau of Prisons. The services shall not constitute an employer/employee relationship. Payments to the BPA Holder shall be based on the provision of an end product or the accomplishment of a specific task. Results to be obtained are within the BPA Holder's own unsupervised determination. The BPA Holder will not be subject to Government supervision but its efforts will be monitored for quality assurance.

Pursuant to Federal Acquisition Regulation (FAR) 37.401, the resulting BPA shall be a non-personal health care services BPA as defined in FAR 37.101, under which the BPA Holder is an independent entity. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The BPA Holder shall indemnify the Government for any liability producing act or omission by the BPA Holder, its employees and agents occurring during BPA performance. The BPA Holder shall maintain medical liability insurance in the amount specified in this BPA. The BPA Holder is required to ensure that its subcontracts for provision of health care services contain the requirements of the clause at FAR 52.237-7 entitled "Indemnification and Medical Liability Insurance," including the maintenance of medical liability insurance.

Reviews. The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of services rendered under this BPA. All records shall be subject to review by the Contracting Officer or other representative of the Bureau of Prisons.

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. The provider shall furnish medical information including a narrative summary when requested by the Contracting Officer or designee. Adequate records shall be maintained to reflect accuracy with respect to claims submission as well as for quality and appropriateness of care. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

BPA Administration. Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this BPA is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Ordering Official: BPA orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an Ordering Official for the FPC Duluth or FCI Sandstone with an appropriate Certificate of Appointment subject to the limitations of the delegation.

Contracting Officer's Representative: The Contracting Officer will designate in writing a COR who shall be responsible for:

a) Monitoring technical progress, including surveillance and assessment of performance and issuing technical changes;

b) Interpreting the scope of work;

c) Technical evaluation as required;

d) Technical inspection and acceptance;

e) Assisting in the resolution of technical problems encountered by the service provider during BPA performance;

f) Monitoring funds available for obligation;

g) Ensuring that BPA orders are issued in accordance with appropriate terms;

h) Ensuring that invoices and payments are processed in a timely manner;

i) Assisting in the resolution of administrative problems encountered by the service provider during the BPA performance.

Schedule of Required Insurance. As required by FAR clauses 52.237-7 entitled "Indemnification and Medical Liability Insurance," the BPA Holder shall, at its own expense, provide and maintain during the entire performance of the resulting BPA, at least the kinds and minimum amounts of insurance required as listed.

Before commencing work under this BPA, the BPA Holder shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required coverage shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this BPA is to be performed, or (2) until 30 days after insurer or the BPA Holder gives written notice to the Contracting Officer, whichever period is longer.

The BPA Holder shall insert the substance of this clause, including this paragraph, in agreements under this BPA that require work on a Government installation and shall require subcontractors to provide and maintain insurance required in the schedule or elsewhere in the BPA. The BPA Holder shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

Medical Malpractice. Except as provided elsewhere in this BPA, the BPA Holder shall provide and maintain medical malpractice and such other insurance during the period of this BPA. Refer to Federal Acquisition Regulation (FAR) 52.237-7, Indemnification and Medical Liability Insurance.

If the BPA Holder or physician who is providing services under this BPA has pending litigation or administrative proceedings that may affect his/her license to practice medicine or standing as a fellow member in a professional organization, full disclosure shall be provided to the COR and CO within five calendar days upon official notification.

If it is determined by the medical legal review that the standard of care has not been met or there is substantial evidence of negligence on the part of the BPA Holder or BPA Holder employee, regardless of the final judicial decision, the physician may lose his/her privileges to practice at the FPC Duluth.

Contractor Training and Courtesy Privileges. BPA Holder training and courtesy privileges may be extended to BOP medical staff and will be limited to care and treatment of Federal inmates to ensure continuity of care.

Quality of Patient Care/Non-Discrimination. The hospital and professional service providers will provide BOP patients under the terms of this BPA the same or equal services to those provided to non-BOP patients. Professional service providers shall be provided within accepted professional standards.

The BPA Holder agrees to make no distinction among patients under this BPA on the basis of race, color, creed, national origin, or physical condition. For this BPA, distinctions on the grounds of race, color, creed, national origin, or physical condition include but are not limited to the following: denying any service or benefit or availability of a facility; providing any service or benefit to a patient which is different; or if provided in a different manner or at a different time from that provided to other patients under this contract; subjecting a patient to segregation or separate treatment in any manner related to his receipt of any service; restricting a patient in any way in the enjoyment of an advantage or privilege enjoyed by others in determining whether he satisfies any admission, enrollment quota, eligibility, membership or other requirement or condition which an individual must meet in order to be provided any service or benefit; the assignment of time or places for the provision of services on the basis of race, color, creed, or national origin of the patients served.

Third Party Liability. Public Law 87-693 (42 U.S.C. 2651) provides that the United States shall be entitled to recover the reasonable value of hospital and medical care and treatment furnished or to be furnished to a person who suffers any injury or disease under circumstances indicating the Third Party's Liability involves the potential legal liability of another person for the injurer disease in question. This other person is commonly referred to as the "third party" since his/her negligent act or failure to act caused an injury or disease to the "first party" requiring medical treatment by or at the expense of the United States, the "second party".

Privacy Act Notification. This BPA requires the BPA Holder, on behalf of the FPC Duluth, to provide health care and report requested medical record and financial information to the BOP.

The BPA Holder must provide the information requested by task orders issued under this BPA.

The BOP will use the information for financial, legal, research, and health care procedures.

Disclosure of this information may be made by the BOP to: fiscal intermediaries; the Office of Workers' Compensation Programs, Department of Labor; the Department of Justice for their representation of the United States; and for Congressional inquiry; quality assessment; medical audit or utilization review; billing third parties for the payment of care; analytical and evaluation studies; to federal or state agencies as required by law; and research purposes supported by the

BOP.

Disclosure of the appropriate medical record information without prior consent of the subject patient may be made by you to: another provider of health care treating the same patient; a federal or state agency as required by law such as the reporting of communicable diseases, births, deaths, or the commission of crimes (e.g., gunshot wounds, rape, child abuse or neglect, alcohol or drug abuse, etc.); designated fiscal intermediaries; and billing third parties for the payment of care not reimbursed by the FPC Duluth. The BPA Holder must forward all other requests for information to the COR.

Authorized Users. The FPC Duluth reserves the right to grant permission allowing other Federal Correctional Facilities (i.e. Mint Program) to utilize this BPA. The BPA Holder shall "direct bill" the applicable institution for any services that are provided under this section.

Ordering Procedures. Orders issued under the resulting BPA will take the form of a BOP purchase request, purchase order, or purchase card acquisition form. BPA orders may be issued only by the Contracting Officer, Administrative Contracting Officer, Contracting Officers for the FPC Duluth or FCI Sandstone with an appropriate certificate of appointment, or authorized credit card holders.