Bryan RFQ.pdf

u.s. Department of Justice

Federal Bureau of Prisons Administration Division

Field Acquisition Office _Grand Prairie, Texas 75051

February 10, 2011

Re: Request for Quote (RFQ) RFQP05041000011 - Comprehensive Medical Services Federal Bureau of Prisons Federal Prison Camp (FPC)

Dear Quoter:

This cover letter precedes a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Comprehensive Medical Services for the FPC located in Bryan, Texas. Services to be provided include inpatient/outpatient facility and physician services and outpatient institution services.

This package contains the following:

Cover Letter (2 Pages) Solicitation (13 Pages) Attachments (87 Pages)

The package contains a total of 102 pages and has all the necessary information for submitting a quotation for evaluation.

When 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 quotes.

Detailed information can be located in Attachment #4 of the solicitation.

Sealed quotes shall be received on or before the deadline ofThursday, April 7, 2011, at 2:00 p.rn.. local time.

Quotes shall be submitted to the following address:

Mike Miller, Contracting Officer

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

"rand Prairie, TX 75051

Mailed and hand-can-jed quotes must be delivered to the Contract Specialist at the address shown above no later than the time specified as the deadline for receipt of quotes. The official point of receipt for hand-carried proposals will be the first floor reception area. PLEASE DO NOTSUBMIT QUOTES TO ANYLOCATION OTHER THAN THE ONE liSTED ABOVE. Quotes received after the deadline will be processed pursuant to FAR 52.212-1(f).

Please place any qll('~ti(1ns you may have in writing and fax them to (972) 352-4545 to my attention. We will consider all question~ received and provide responses, where appropriate.

If you have any other lUestions, please feel free to contact me at (972) 352-4519.

Sincerely, lsi

Mike Miller, Contracting Officer Federal Bureau of Prisons

3Oa, SIGNATURE OF OFFEROR/CONTRACTOR 31a.

30b, NAME AND TITLE OF SIGNER (TYPE OR PRINn 3Oc. DATE SIGNED

CHANGES WHICH ARE SET FORTH HEREIN. IS ACCEPTED AS TO ITEMS:

STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

OFFICER (TYPE OR PRlNn 31c. DATE SIGNED

Michael Miller

COPIES TO

RFQP05041000011 Page 1 of 13

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

3. AWARD/EFFECTIVE 4. ORDER

DATE

2. CONTRACT NO.

1. REQUISITION NUMBER

RFQP05041000011

b. TELEPHONE NUMBER (No collect calls) 6. OFFER DUE DATE / LOCAL

TIME7. FOR SOLICITATION

INFORMATION CALL: 972-352-4519 04/07/2011 14:00:00Mike Miller

Federal Bureau ofPrisons

FPC Bryan

1100 Ursuline

Bryan, TX 77803

% FOR

DEMERGING SMALL BUSINESS

lnu'c,,"\mcSMALL BUSINESS

CODE170. CODE

OFFEROR

CODE

. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FPC Bryan

PO BOX 2197

Attn: Accounting Bryan, TX 77805

SHOWN IN BLOCK lBa UNLESS BLOCK BELOW IS

Comprehensive Medical Services *Block#l: RP# 145-10 *Block#10: Size Standard - $34.5 Million

See Continuation Sheet(s) (Use Revet'.fe and/or Attach Additional Sheet" (u Nece.uary)

26. TOTAL AWARD AMOUNT (For Golit Use Only)

27A. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212·1. 52.212·4. FAR 52.212-3 AND 52212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATTACHED. ADDENDA ARE

29. AWARD OF . REF. OFFER ,

28, CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ~ET FORTH

25. ACCOUNTING AND APPROPRIATION DATA

CODE9. ISSUED BY

Federal Bureau ofPrisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, TX 75051

TERMS11. FOB DESTINATION

UNLESS BLOCK IS MARKED

O SEE

SCHEDULE

10. THE ACQUISITION IS

[8]UNRESTRICTED OR

NAICS: 62211 0

SIZE STANDARD:

13a. THIS CONTRACT IS A

ORATED ORDER UNDER DPAS

(15 CFR 7oo)

RFP

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV, 3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53,21,2 http:Revet'.fe

RFQP05041000011 Page 2 of 13

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN o RECEIVED. 0 INSPECTED 0 ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________

32b.SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32dPRINTED NAME AND TITLE OF AUTHORIZED

REPRESENTATIVE GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER CORRECT FOR oCOMPLETE oPARTIAL DFINAL pARTIAL I FINAL

38. SIR ACCOUNT NUMBER 9. SIR VOUCHER NUMBER 40. PAID BY

I 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 (YVIMM/DD) I42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 312005) BACK

RFQP05041000011 Page 3 of 13

Table of Contents

Section Description

1 Solicitation/Contract Fonn

2 Commodity or Services Schedule

3 Contract Clauses

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

52.27-103-72 DOl CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004)

52.216-18 Ordering (Oct 1995) ........................... , ................. '"

52.216-19 Order Limitations (Oct 1995)

52.216-21 Requirements (Oct 1995)

52.217-8 Option to Extend Services (Nov 1999)

52.217-9 Option to Extend the Tenn of the Contract (Mar 2000)

52.232-19 Availability OfFunds For The Next Fiscal Year (Apr 1984)

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

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

A.15 Continuing Contract Perfonnance During a Pandemic Influenza or Other National Emergency

(May 2008) ........................ "

4 List of Attachments

5 Solicitation Provisions

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005) ... 12

52.233-2 Service of Protest (Sept 2006)

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

RFQP05041 000011 Page 4 of 13

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Comprehensive Medical Services for the Federal Prison Camp located in Bryan, Texas. See Attachment 1, Performance Work Statement, and Attachment 2, Schedule of Items.

Base Year: Effective Date of Award (EDOA) through twelve months from EDOA.

1.000000 SV $ 1$

0002 Comprehensive Medical Services for the Federal Prison Camp located in Bryan, Texas. See Attachment 1, Performance Work Statement, and Attachment 2, Schedule of Items.

Option Year 1: 13 months through 24 months from EDOA.

1.000000 SV $ !$

0003 Comprehensive Medical Services for the Federal Prison Camp located in Bryan, Texas. See Attachment 1, Performance Work Statement, and Attachment 2, Schedule of Items.

Option Year 2: 25 months through 36 months from EDOA.

1.000000 SV 1$ 1$

0004 Comprehensive Medical Services for the Federal Prison Camp located in Bryan, Texas. See Attachment 1, Performance Work Statement, and Attachment 2, Schedule of Items.

Option Year 3: 37 months through 48 months from EDOA.

1.000000 SV $ $

0005 Comprehensive Medical Services for the Federal Prison Camp located in Bryan, Texas. See Attachment 1, Performance Work Statement, and Attachment 2, Schedule of Items.

Option Year 4: 49 months through 60 months from EDOA.

1.000000 SV $ 1$

RFQP05041000011 Page 5 of 13

Section 3 - Contract Clauses

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (June 2010)

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.

:nmlnIlT,Flr Generated Forms (Jan 1991)

IPrrltA~tinn Of Government Buildings, Equipment, And Vegetation (Apr 1984)

1I""...OIn,..., - Work on a Government Installation (Jan 1997)

Act Notification (Apr 1984)

Prevention and Right-to-Know Information (Aug 2003)

"'--<._-< Terms and Conditions··Commercialltems (June 2010) le",...",,,,,,,1 Identity Verification of Contractor Personnel (Sept 2007) or Copied Double-Sided on Recycled Paper (Aug 2000)

On Payments To Influence Certain Federal Transactions (Oct 2010)

Clauses by Full Text

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

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

In order to be compliant with HSPD-12IPIV I, the following investigative requirements must be met for each new long-term 2 con tractor employee whose background investigation (BI) process begins on or after October 27, 2005:a. Contractor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in Form 1-9, OMB No.

1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued pic ture ID);

RFQP05041000011 Page 6 of 13

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

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position.

Outlined below are the minimum BI requirements for each risk level:

• High Risk - Background Investigation (5 year scope)

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

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

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

I) Favorable review of the security questionnaire form; 2) Favorable fingerprint results; 3) Favorable credit report, if required;3 4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

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

A badge may be issued following approval of the above waiver requirements.!f 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 ofInvest igation Criminal History Check (Le., fingerprint check results). e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued under these procedures will be suspended or revoked.2. Short Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems andlor DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items lao and I b. above. The pre-appointment waiver re quirements for short-term contractors are:

a. Favorable review of the security questionnaire form; b. Favorable fingerprint results; C. Favorable credit report, ifrequired;5 and d.

Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensur ate 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 is suance. 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 PlV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intermittent Contractors:

An exception to the above-mentioned short-term requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems andl or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex ample, 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, 200 I, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac cess.

C. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent contract or, 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 BI meeting HSPD-12 and DOl's BI requirements.

5. The DOl's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 201 is available at: www.csrc.nist.gov/publications/fipsifips20 IIFIPS-20 1-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOl information systems andlor DOl facilities or space for s!x m.onths ~r longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga tIOn, IS reqUlred 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 (PlY-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 www.csrc.nist.gov/publications/fipsifips20

RFQP05041000011 Page 7 of 13 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 levell, a favorable review of a credit check is required as part of the pre appointment waiver package.

[End ofClause]

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offerlbidlquote, or prior to performance under a contract or commit ment, individuals or contractor employees providing services must have:

I. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. 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 inform ation regarding allied countries: http://www.opm.gov/employlhtmVcitizen.htm

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

[End ofClause]

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance ofdelivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective contract period through the last day of the effective contract period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only ifauthorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount ofless than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(I) Any order for a single item in excess of the estimated quantities within the current performance period as identified in Attachment 2;

(2) Any order for a combination of items in excess of the estimated quantities within the current performance period as identified in Attachment 2; or

(3) A scries oforders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para graph (b )(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula tion (FAR», the Government is not required to order a part of anyone requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or http://www.opm.gov/employlhtmVcitizen.htm

RFQP05041000011 Page 8 of 13

"maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un der this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con tractor shall not be required to make any deliveries under this contract after the last day of the effective contract period.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance ofany services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension ofperformance hereunder shall not exceed 6 months. The Contracting Of ficer may exercise the option by written notice to the Contractor within the current performance period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the current performance period;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number ofdays is inserted] before the contract expires. The preliminary notice does not commit the Government to an ex tension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, but excludes the exercise of any option under the clause 52.217-8, Option to Extend Services, which is incorporated into this contract in full text.

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exer cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confmned in writing by the Contracting Officer.

(End of clause)

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its :::apacity as an independent con tractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over p~ofessio~al aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or spe Cific ~e?:cal treatl1l:ents. The Con~a~tor sha~l be sol~ly hable for and expressly agrees to indemnify the Government with respect to any h~bl~l~ ~roducmg ~cts or omissions b~ It o~ by Its employees or agents. The Contractor shall maintain during the term of this con tract lIabilIty msurance Issued by a responsible lllsurance carrier ofnot less than the following amount(s) per specialty per occurrence:

*$1,000,000.00 for hospitals and $200,000 for all other providers .

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its in http:1,000,000.00

RFQP05041000011 Page 9 of 13 surability 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 ex tended 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 en dorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

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

(End of clause)

'" Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medic al specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests.

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

(a) Mr.lMs. Health Services Adminstrator (Individual to be appointed at a later date) of FPC Bryan 1100 Ursuline Ave, Bryan, TX, 77803,979-823-1879, is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions ofthis contract; providing direction to the contractor which clarifies the con tract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, andlor modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(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 haz ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other materi al or working condition designated by the Contracting Officer's Technical Representative (COTR) ~s potentially hazardous and requir ing safety controls.

(b) 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.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the pres ence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, dis covers the existence ofan unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties wiH agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will consti tute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

RFQP05041 000011 Page 10 of 13

(End of Clause)

A.l5 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 absentee ism 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 ofPersonnel 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 ofactions a federal contractor should reasonably take to help ensure performance are:

o Encourage employees to get inoculations or follow other preventive measures as advised by the public health ser vice.

• 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.

o Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful re mote work in an emergency.

o 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.

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

o 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 tele work 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 accom plish 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 Govemment 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 acknow ledging 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 ofother 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]

(END OF ADDENDUM TO FAR 52.212-4]

RFQP05041 000011 Page 11 of 13

Section 4 - List of Attachments

Exhibits and Attachments Identifier Title Number of

Pages 1 Performance Work Statement 11 2 ischedule of Items / SOB Participation 6 3 Special Contract Conditions 6 4 Tailoring and Instructions to Quoters 5 5 Medical Classification - Levels of Care Criteria 5 6 Performance Based Outcome Measure Indicators 2 7 Computation of Basic MS-ORG Payments 1 8 Techmcal Proposal Summary Sheets 3 9 Past Performance _Questionnaire for Bureau of Prisons Medical Services Contract 5 10 Subcontract Certification 1 11 Electronic Trading Partner Agreement 15 12 List of Provider Information Requirements 2 13 Informational Requirements for Medical Claims 2 14 Additional Clauses 7 15 Additional Provisions 16

RFQP05041 000011 Page 12 of 13

Section 5 - Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors--Commercial Items (June 2008)

The tenns and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.

uation of Options (July 1990)

IIn<"nI("'nr'~ to Offerors--Commercialltems (June 2008)

Provisions by Full Text

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

Faith-based and Community-based organizations Can submit offerslbids/quotations equally with other organizations for contracts for which they are eligible.

[End of Provision]

52.233-2 Service ofProtest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Procurement Executive, Federal Bureau of Prisons, 320 First Street, NW, Suite 5005, Washington, DC 20534.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department ofJustice.

RFQP05041000011 Page 13 of 13

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest OfficiaL

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a con tract or by the failure to award a contract.

(b) A protest filed directly with the Department ofJustice must:

(I) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protest or is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.l03(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies ofre1evant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding officiaL

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. Thc deciding official may request additional information from either the agency or the protestor. The decid ing official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counseL The Department of Justice will not reimburse the pro tester for any legal fees related to the agency protest.

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspen sion, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The de cision may be oral or written,

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-1]

RFQP05041000011

ATTACHMENT #1

BLOCK 20 - PERFORMANCE WORK STATEMENT

I. Background

The Federal Bureau of Prisons (BOP) was established in 1930 to provide more progressive and humane care for Federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration. Today, the BOP is responsible for the custody and care of approximately 210,000 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 ofthe BOP is as follows:

It is the mission of the Federal Bureau ofPrisons to protect society by confining offenders in the controlled environments ofprisons 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 ofthe 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 ofa 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 ofthis solicitation to establish a contractual agreement that will provide necessary professional and facility services for both inpatient admissions and outpatient encounters.

The Federal Prison Camp (hereinafter referred to as FPC) located in Bryan, Texas, intends to make a single award to a responsible entity for the provision ofComprehensive Medical Services as set forth in this solicitation/contract. The FPC currently houses female inmates. Within the BOP's care level classification system, the FPC does not have a specific care level assignment.

Inmates assigned to the FPC will normally be classified in one of Care Levels I, II, or ill. Care Level I represents a generally healthy inmate popUlation; Care Levels II and ill are intermediate classifications on the four-level scale where Care Level I represents the healthiest inmates and Care Level N represents with serious health issues. Criteria for categorizing an inmate in a care level category is included as Attachment #5. Despite this description of the, general health of the inmate population, however, needs for inmate healthcare may arise at any time, in any specialty, and any level ofcomplexity. Classification and designation of inmates is the sole responsibility ofthe BOP and may be changed at any time without consideration to the contractor.

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 FPC. 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. Organizational Conflict of Interest

The objective ofthis solicitation is to satisfy the BOP's requirement for the provision ofhealth care to the inmates of the FPC. A potential organizational conflict of interest may arise if the awardee is an entity which also holds or participates in a separate contract/agreement with the BOP as a medical claims adjudicator. A possible conflict of interest may exist if the awardee has dual responsibilities for the submission ofproper invoices (i.e., medical claims) for services rendered under the resulting contract and for the adjudication of those invoices (i.e., medical claims) under a separate contract/agreement with the BOP.

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

III. Statement of Output

Within this Performance Work Statement (PWS), necessary services are described in terms of output rather than specific task assignments. The BOP desires to make an award to the quoter who can provide the best value, considering the diversity ofavailable services and price, among other criteria specified in Attachment #4. Therefore, the Government may award any or all line items, may withhold award ofany or all line times, or may award to a quoter who proposes less than the full complement of services contained in this solicitation. Accordingly, output items 1 and 2 are optional deliverables while output items 3, 4, and 5 are applicable to all services provided. Quoters are encouraged to submit comprehensive proposals committing to provide all output listed in the solicitation. Quoters who propose less comprehensive approaches will be evaluated accordingly.

Output #1: Provide inpatient and outpatient facility services which confonn to community standards and all local, state and Federal laws and regulations applicable to the delivery of health care to members ofthe general pUblic. (Cross-reference pricing categories la and lb.)

Output #2: Provide professional services which confonn to community standards and all local, state and Federal laws and regulations applicable to the delivery ofhealth care to members ofthe general public. (Cross-reference pricing categories 2a and 2b.)

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

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

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

IV. Compliance with Contract Requirements

The Contractor's efforts under this contract shall be monitored to ensure that the required output is achieved. The Government reserves the right to inspect and evaluate in a reasonable manner all services rendered during the perfonnance of this contract. The contractor's perfonnance will be measured by the Government utilizing the outcome measure indicators provided in Attachment #6.

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

V. Specific Requirements

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

Output #1 is an optional deliverable. However, ifthe quoter offers to provide these services, the following minimum requirements apply.

Ifoffered, the Contractor shall provide facility services on an as-needed basis in a manner which adheres to community standards of quality and cost-effective medical care. The services required to satisfy Output # I 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 FPC'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…