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U.S. Department of Justice
Federal Bureau of Prisons Administration Division
Field Acquisition Office Grand Prairie, Texas 75051
24 September 2015
Re: Request for Quotation Number RFQP07001500043 Medical Services for Residential Reentry Centers
Dear Quoter:
Accompanying this cover letter is a solicitation package prepared by the Federal Bureau of Prisons (Bureau), Field Acquisition Office located in Grand Prairie, Texas, for the acquisition of medical services for Community Correctional Management inmates housed in Residential Reentry Centers located throughout the United States. The Bureau intends to establish multiple Blanket Purchase Agreements (BPA) to fulfill the requirements of the solicitation. The solicitation package includes the following:
Cover Letter 2 pages Table of Content 1 page Solicitation 43 pages Attachment 13 pages
In submitting a quote, 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 Section 5.1, I. Submission of Quotations, of the solicitation.
All potential quoters are advised that this solicitation includes FAR 52.212-4, Contract Terms and Conditions-Commercial Items, which at paragraph (t) System for Award Management (SAM) requires all contractors doing business with the Federal government to be registered in the SAM database. Quoters should include their Data Universal Numbering System (DUNS) number in their offers. The Contracting Office will verify registration in the SAM database prior to award by entering the potential awardee’s DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration from award.
Sealed quotes shall be received on or before the deadline of Monday, October 26, 2015. Quotes shall be submitted to the following address:
F. Payton, III, Contracting Officer U.S. Department of Justice Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserves Complex 346 Marine Forces Drive Grand Prairie, Texas 75051
Mailed and hand-carried quotes must be delivered to the Contracting Officer at the address shown above no later than the time specified as the deadline for receipt of quotations. The official pint of receipt for hand-carried quotes will be in the receptionist’s areas of the first floor at the address listed above. PLEASE DO NOT SUBMIT QUOTES TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE. Quotes received after the deadline will processed pursuant to FAR 52.212-1(f).
Please submit any questions you may have in writing to my attention via e-mail at fpayton@bop.gov or fax at (972) 352-4545. Should you need assistance regarding any matter regarding this solicitation, please do not hesitate to contact me via telephone at 972-352-4514.
Sincerely, /s/ F. Payton, III, Contracting Officer Federal Bureau of Prisons Field Acquisition Office
Enclosure mailto:fpayton@bop.gov
RFQP07001500043 Page 1 of 44
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER
NUMBER
5. SOLICITATION NUMBER
RFQP07001500043
6. SOLICITATION ISSUE
DATE
09/24/2015
7. FOR SOLICITATION INFORMATION
CALL:
a. NAME
F Payton III fpayton@bop.gov
b. TELEPHONE NUMBER (No collect calls)
(O) 972-352-4514 (F) 972-352-4545
8. OFFER DUE DATE / LOCAL
TIME
10/26/2015 2:00 PM CT
9. ISSUED BY
Federal Bureau of Prisons
CODE BFAO 10. THE ACQUISITION IS
SMALL BUSINESS
X UNRESTRICTED OR SET ASIDE: % FOR
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS: 524298
SIZE STANDARD: $15,000,000
11. DELIVERY FOR FOB
DESTINATION UNLESS BLOCK IS
MARKED
SEE
SCHEDULE
15. DELIVER TO
12. DISCOUNT TERMS
CODE
13a. THIS CONTRACT IS A
RATED ORDER UNDER DPAS
(15 CFR 700)
16. ADMINISTERED BY
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB
CODE
RFP
Federal Bureau of Prisons Various Residential Reentry Centers
Same As Block #9
17a. CONTRACTOR/
OFFEROR
CODE FACILITY
CODE
18a. PAYMENT WILL BE MADE BY CODE
Federal Bureau of Prisons Various Residential Reentry Centers
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
OFFER
19. 20.
CHECKED
21.
SEE ADDENDUM
22.
23. 24
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Medical Services for Residential Reentry Centers (RRCs) located in various areas.
See Section 2.1, Schedule of Items, and 2.2, Performance Work Statement.
See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 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 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 THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 02/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
X
X mailto:fpayton@bop.gov
RFQP07001500043 Page 2 of 44
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
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. TELEPHONE NUMBER OF AUTHORIZED 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 NUMBER 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
RFQP07001500043 Page 3 of 44
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services Schedule
2.1 Contract Pricing
2.2 Performance Work Statement
3 Contract Clauses 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) 52.27-103-72 DOJ Contractor Residency Requirement Bureau of Prisons (June 2004) 52.218-000 Continuing Contract Performance during a Pandemic Influenza or Other National Emergency (May 2008)
52.242.1502 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) BOP2852.201-71 Contracting Officer's Representative (COR) (June 2012) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) DJAR-PGD-15-02-Attachment 2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability-Award(Deviation 2015-02)(May 2008) DJAR-PGD-15-02-Attachment 2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse-Award (Deviation 2015-02) (May 2008) DJAR-PGD-15-03-Attachment 1 Security of Department Information and Systems (Apr 2015) 52.252-6 Authorized Deviations in Clauses (Apr 1984) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2015)
4 List of Attachments
4.1 Special Contract Requirements
5 Solicitation Provisions
5.1 Addendum to FAR 52.212-1, Instructions to Offerors - Commercial Items
5.2 Submission and Evaluation of Quotation
52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.212-2 Evaluation - Commercial Items (Oct 2014) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 52.252-5 Authorized Deviations in Provisions (Apr 1984) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) DJAR-PGD-15-02-Attachment 1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability-Solicitation (Deviation 2015-02)(Mar 2015)...35 DJAR-PGD-15-02-Attachment 1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse-Solicitation (Deviation 2015-02) (Mar 2015)
52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)
5.3 Subcontract Certification
52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2015)
RFQP07001500043 Page 4 of 44
Section 2 - Commodity or Services Schedule
SCHEDULE OF
SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Medical Services for the Federal Bureau of Prisons’ Residential Reentry Centers geographical disbursed throughout the United States. See Section 2.1, Schedule of Items/Blanket Purchase Agreement (BPA) Pricing, and 2.2, Performance Work Statement.
12.000000 MO $ $
Performance Period: Date of Award (DOA) through 12 months from
DOA.
0002 Medical Services for the Federal Bureau of Prisons’ Residential Reentry Centers geographical disbursed throughout the United States. See Section 2.1, Schedule of Items/Blanket Purchase
Performance Period: 13 months through 24 months from DOA.
0003 Medical Services for the Federal Bureau of Prisons’ Residential Reentry Centers geographical disbursed throughout the United States. See Section 2.1, Schedule of Items/Blanket Purchase
Performance Period: 25 months through 36 months from DOA.
2.1 Schedule of Supplies and Services/Blanket Purchase Agreement (BPA) Pricing
Overview
Services are required to be provided in accordance with the Performance Work Statement included in this solicitation/contract. Quoters are required to submit, as a part of their business proposal, a completed copy of the Schedule of Items.
Pricing Methodology
Pricing Mechanism: Quoters may either propose rates based capitated reimbursement or Medicare reimbursement.
Capitated Reimbursement
Manday Rate. This rate will be the price per inmate, per day based upon the actual count of the Residential Reentry Center (RRC) at approximately 12:00 a.m. including all Community Management inmates located in community hospitals.
RFQP07001500043 Page 5 of 44
Medicare Reimbursement
Price proposals may be calculated from benchmarks utilizing Medicare reimbursement methodologies. For each category of service to be provided, offerors 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 contract shall not be construed as participation in the Medicare program; contract 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 offeror; offerors need only to propose 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 contract performance, it is determined that a necessary contract 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) for the proposed location. The Basic DRG calculation shall not include any provider-specific adjustments allowed under actual Medicare participation. Offerors may propose a discount from or a premium to Basic MS-DRG rates. (Refer to Attachment VI of this solicitation)
Medicare Part B Physician and Non-Physician Services. The Medicare benchmark to be utilized for all physician 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 12 for the proposed location. The benchmark charges shall be those established for participating providers. Offerors may propose a discount from or a premium to the benchmark charges.
Medicare Part B Facility Services (including hospital outpatient services and ambulatory surgical centers). The Medicare benchmark to be utilized for all facility services covered by Medicare Part B shall be the most current APC and ASC rates calculated for CBSA for the proposed location. Offerors may propose a discount from or a premium to the benchmark charges.
Estimated Quantities
Estimated quantities for the base year and all option periods are detailed below. The estimated quantities provided are not a representation to the quoter/contractor that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal.
Inpatient and Outpatient Facility and Physician Services
Date of Award (DOA) through 12 months from DOA
Inpatient Days: 450 days estimated Outpatient Visits: 950 visits estimated
Schedule of Items:
Quoters shall complete the following Schedule of Items. All proposed pricing will be evaluated in accordance with FAR 52.212-2, "Evaluation-- Commercial Items" and "Evaluation of Quotations" (within Section 5.1, Subsection II) of this solicitation.
Schedule of Items
Performance Period One: Effective Date of Award (EDOA) through 12 months from EDOA.
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
Performance Period Two: 13 through 24 months from EDOA.
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
RFQP07001500043 Page 6 of 44
Performance Period Three: 25 through 36 months from EDOA.
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
2.2 Performance Work Statement (PWS)
I. Background
The Federal Bureau of Prisons (BOP) was established in 1930 to provide more progressive and humane care for Federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration. Today, the BOP is responsible for the custody and care of approximately 219,000 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. It is the mission of the BOP to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.
The BOP houses the majority of its inmates in correctional facilities owned and operated by the BOP. However, a portion of inmates are housed outside of BOP facilities in residential re-entry centers (RRC), state correctional facilities (termed long-term boarders), jails/short-term detention centers, contract juvenile detention facilities, and private residences through home confinement authority. For the purpose of this solicitation, these inmates housed outside of BOP facilities are collectively referred to as “Community Corrections Management (CCM) inmates.” The number of inmates housed in this manner are captured in the BOP’s weekly population report under the heading “CCM Offices,” available at www.bop.gov.
In meeting the health care needs of a growing inmate population, the BOP provides essential medical, dental, and mental health services to Federal inmates. For CCM inmates, such care must be obtained through referrals to community-based providers. It is the goal of this solicitation to establish blanket purchase agreement(s) that will provide professional and facility services for both inpatient admissions and outpatient encounters for medical, dental, and some mental health services. CCM inmates are housed in locations geographically dispersed across the United States. A current listing of facilities housing CCM inmates is included in Attachment I.
CCM inmates will be classified in one of the BOP’s defined medical care levels. Medical care levels are administrative classifications which are based on a four-level scale. Care Level I represent the healthiest inmates while Care Level IV represents inmates with serious health issues. Criteria for categorizing an inmate in the care level categories are included in Attachment II. The contractor will be responsible to provide medical services within all care levels.
II. Statement of Output
Within this Performance Work Statement (PWS), necessary services are described in terms of output rather than specific task assignments. The BOP desires to make an award(s) to the quoter who can provide the best value, considering the diversity of available services and price, among other criteria specified in Section 5.1, Subsection II, Evaluation of Quotations. 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 and professional services which conform to community standards and all local, state and
Federal laws and regulations applicable to the delivery of health care to members of the general public to those CCM inmates located in the Mid-Atlantic Region, North Central Region, Northeast Region, South Central Region, Southeast Region, and Western Region. (See Attachment I.)
Output #2: Develop and implement a managed care approach which provides each CCM inmate with sufficient identification to facilitate the authorization and delivery of health care within the contractor’s network of care providers.
Output #3: Submit properly-priced invoices for services rendered.
Output #4: Manage medical record information in a manner which promotes continuity of care while observing restrictions on the release of information.
Output #5: Maintain open avenues of communication, facilitating the exchange of information between the contract provider, contract facility, and the Government regarding the contract services.
http://www.bop.gov/
RFQP07001500043 Page 7 of 44
III. Award(s)
It is the intent of the Government to make a single or multiple awards for each region. Although BPA(s) are established with Contractors, the Bureau may continue to actively solicit and issue blanket purchase agreements (BPAs) for housing of CCM inmates. Therefore, after the issuance of a BPA, the number of locations housing CCM inmates may increase or decrease within any or all BPAs. If mutual agreement is reached between the BOP and Contractor, the medical services for any additional CCM inmates in locations not contemplated in the original BPA may be modified into an existing BPA for the applicable award. Also, CCM inmates housed in facilities operated by contract, state, or local authorities will receive some healthcare within those facilities by the employed medical staff. Such instances of care are outside of the scope of the resulting BPA(s). Finally, when determined to be in the best interest of the Government, the BOP reserves the right to exclude limited numbers of CCM inmates from receiving care under the resulting BPA(s). This reservation will only be invoked when the BOP is unable to negotiate arrangements for its CCM inmates outside the contracted facility’s normal operations.
IV. Specific Requirements
Output #1: Provide inpatient and outpatient facility and professional services which conform to community standards and all local, state and Federal laws and regulations applicable to the delivery of health care to members of the general public to those CCM inmates located in the following regions:
Mid-Atlantic Region North Central Region Northeast Region South Central Region Southeast Region Western Region
Throughout the performance of this BPA, the Contractor shall not utilize any provider that appears in the List of Excluded Individuals/Entities (LEIE) maintained by the U.S. Department of Health & Human Services.
For each output proposed, the Contractor shall provide facility services on an as-needed basis in a manner which adheres to community standards of quality and cost-effective medical care. The services required to satisfy Output #1 may include inpatient facility and outpatient facility, including emergency room services.
It is the BOP’s preference to obtain the services of facilities that are accredited by the Joint Commission. Quoters utilizing facilities which maintain accreditation by the Joint Commission shall submit a copy of the current accreditation certificate as part of the quoter’s technical proposal. 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 proposal.
Professional services resulting from a BOP referral are necessary to be performed in a community-based setting (e.g., hospital facility, surgical center, physician’s office, etc.). For each output proposed, the Contractor shall provide the services of professional medical staff who have appropriate educational qualification, experience, licensure, and board certification (where required) to achieve Output #1. This output specifically excludes the provision of radiological interpretations of BOP-provided films, images, or other media.
If requested by the Contracting Officer, the Contractor shall be required to document primary source verification of the credentials for each provider including: current license from the appropriate State Board of Medical Examiners, education from professional schools or universities, evidence of completion of internships and/or residences as appropriate.
Whenever possible, appointments for specialty care should be available within 14 calendar days from the date of referral to the specialty provider. The medical urgency of any referral must receive consideration in the scheduling and delivery of professional services.
For prescriptions to be filled by a BOP pharmacy, contract providers shall only prescribe pharmaceutical drugs that are listed in the approved BOP Formulary. The BOP Formulary can be accessed at www.bop.gov/news//PDFs/formulary.pdf. Requests for exemptions shall be submitted to the Contracting Officer’s Representative (COR), who shall obtain the required approvals. As part of the Discharge Instructions, the issuance of sample medication to any Federal inmate shall be prohibited.
The quoter’s technical proposal for each output shall discuss in detail the diversity of services, as well as the proximity of professional providers, that it is capable of providing.
Output #2: Develop and implement a managed care approach which provides each CCM inmate with sufficient identification to facilitate the authorization and delivery of health care within the contractor’s network of care providers.
Partnerships with community-based medical providers offer a powerful approach to improving inmate health while supporting inmate re-entry into the community. By linking inmates with a local medical provider that they can continue to consult after release, these partnerships can stabilize an inmate’s health and alleviate the public health burden.
RFQP07001500043 Page 8 of 44
This partnership may necessitate using a managed care approach. In proposing a managed care approach, the contractor will act as a liaison between the patient (CCM inmate) and medical provider. Therefore, the technical proposal must outline a system where the community-based medical providers will have the ability to identify the patient as a CCM inmate for the provision of medical care while in the care and custody of the BOP.
Also, the procedures proposed should allow the CCM inmate and medical provider to foster a relationship for continued medical care after release from BOP custody.
Output #3: Submit properly-priced invoices for services rendered.
Overview. Upon completion of a treatment encounter, the Contractor shall prepare and submit proper invoices for services rendered under this BPA/BPA call. For the purpose of this contract, a specific definition for what documentation constitutes an invoice is provided below. A proper invoice shall include the information specified in FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items, paragraph (g). Services shall be invoiced in accordance with the terms and conditions of the contract, including the payment rate structures specified in the contract.
The BOP will pay all invoices directly to the Contractor. Invoices shall be submitted within 90 calendar days after an inmate’s discharge or outpatient encounter or other service provided under this contract. Invoices which are submitted beyond the 90-day requirement shall constitute a performance deficiency under this output and shall be documented in the Contractor’s performance evaluations. Invoices which are submitted within the acceptable time period, but are found to contain errors or require further justification, will be rejected and shall be re-submitted by the Contractor within 30 calendar days from the date of rejection. Upon re-submission, invoices for shall bear the new date of submission.
No later than November 1 of each year, the Contractor shall stimulate the billing process by reviewing its records, including those of subcontracted providers, to determine an estimated amount of outstanding charges for services provided through September 30 of that year. Based upon information generated through this review process, the Contractor shall provide a written estimate to the BOP of outstanding fiscal year obligations, supported by adequate documentation. This estimate and supporting documentation shall be provided to the Contracting Officer no later than December 1 of each year. The Contractor shall put forth its best efforts to ensure the accuracy of the annual estimate provided to the Government.
Prompt payment to health care providers. In accordance with FAR 12.213, the Contractor shall implement commercial practices for health care payors in the surrounding community for prompt payment of all health care providers performing services under this contract. Such prompt payment terms shall be a material part of all subcontracts/agreements awarded by the Contractor. The Contractor shall agree ensure that all health care providers acknowledge the following notice upon award of a subcontract/agreement for performance under this contract.
Notice to Health Care Providers: All health care providers are hereby advised that the Federal Bureau of Prisons (Bureau) maintains no privity of contract with any party other than (Prime Contractor) regarding performance of the above-referenced contract. Notwithstanding FAR 52.212-4(b), a subcontract or other agreement between (Prime Contractor) and a health care provider is a private-party contract. As such, the Bureau will not intervene in disputes between (Prime Contractor) and any subcontractor/health care provider on any issue, including payment disputes. All subcontractors/health care providers are advised that payments due from the Bureau for performance under the prime contract will be paid only to (Prime Contractor). Accordingly, (Prime Contractor) is responsible for remitting payments to subcontractors/health care providers in accordance with the terms of the negotiated subcontract/agreement, if any. By submitting a response to the solicitation and/or by accepting award the contractor acknowledges as such, (Prime Contractor) and subcontractors/health care providers should look to the remedies afforded them under any such negotiated subcontract/agreement.
If the Contractor fails to make prompt payment to health care providers, the Contracting Officer will consider any “unjustified failure(s)” by the Contractor to make prompt payments to a health care provider when evaluating the Contractor’s performance. Any unjustified failures to make prompt payments to health care providers will be reported in the Contractor Performance Assessment Reporting System (CPARS). The Government may terminate this contract, or any part hereof, for cause in the event of any default by [Prime Contractor], or if [Prime Contractor] fails to comply with any contract terms and conditions, or fails to provide the government, upon request, with adequate assurances of future performance.
Output #4: Manage medical record information in a manner which promotes continuity of care while observing restrictions on the release of information.
Upon request, authorized BOP staff shall have access to and obtain copies of all inmate medical records and evaluation and treatment reports prepared and maintained by the contract facility and/or contract providers. Inmate medical records will be subject to review by the BOP for validation of payment and verification of services rendered. Release of information shall only be made in accordance with community standards, Joint Commission regulations, and the Privacy Act of 1974. Any request(s) for copies of an inmate's medical records by the inmate or a third party shall be directed to the COR for processing.
Notwithstanding the above restrictions on the release of information, medical record information shall be provided to the BOP in order to enhance inmate recovery as well as continuity of care. The inmate’s parent BOP correctional facility continues to maintain an inmate’s medical record until sentence completion. Therefore, for each CCM inmate requiring community-based medical care, the inmate’s parent institution will be communicated to the Contractor.
At the completion of treatment, discharge and/or consultation, the Contractor shall provide the inmate with any treatment plan and/or discharge instructions, as provided by the attending physician. All remaining documents for inclusion in the inmate’s medical record shall be sent to the inmate's parent BOP correctional facility. The documents to be sent shall include, but not limited to, copies of all lab, x-ray, EKG, progress notes and emergency room working notes, etc. as well as a written report by the attending physician which documents the
RFQP07001500043 Page 9 of 44 circumstances of the inpatient treatment, outpatient procedure, or other consultation. The contractor shall submit the above information for inclusion in the inmate’s medical record to the parent correctional facility within 30 calendar days of the inpatient discharge, outpatient procedure, or other consultation.
Output #5: Maintain open avenues of communication, facilitating the exchange of information between the contract physician, contract facility, and the Government regarding the contract services.
The Contractor shall provide a Point of Contact (POC) who shall be responsible for facilitating the Contractor’s delivery of health services under this contract. The Contractor shall designate this individual in writing to the Contracting Officer prior to the start date of the contract. Alternate POC’s may be designated; however, the Contractor must identify those times when an alternate shall be the primary POC (i.e., after-hours and weekend referrals).
There shall be an open line of communication between the Contractor, its representatives, and the BOP to ensure that only those services ordered by the institution are provided, unless required for intervention in a life-threatening emergency. In the event of a life-threatening emergency, the Contractor shall contact the COR within a 24-hour time period or the next normal working day. All BOP referrals shall be the sole responsibility and decision of the Government. No inmate may be transferred to another medical facility, with exception of emergency cases, without advanced approval by authorized BOP medical staff.
A contract provider may discuss with the inmate patient only the diagnosis and possible treatment options directly related to the written consultation provided by the BOP. The contract provider should not guarantee any future treatment to the inmate or discuss future appointment dates. All consultant recommendations should be sent to the BOP for review by the Primary Care Provider Team (PCPT) and/or Clinical Director (CD). The BOP PCPT and/or CD is under no obligation to follow consultant recommendations. All patient care information and/or treatment plans will be reviewed by the PCPT/CD and the final disposition will be relayed to the inmate in accordance with BOP policies and procedures. In the event further care is approved, the Contractor will be notified by the BOP. The Contractor shall not perform any treatment/procedures unrelated to the reason for consultation without receiving prior authorization from the BOP.
V. Enhancements to the Basic Contract Requirements
Quoters are encouraged to propose enhancements to the basic contract requirements which will facilitate the BOP’s ability to conform to the BOP’s stated mission. Due to disperse geographic location of RRCs, it is the BOP’s preference to treat inmates within close proximity to their assigned RRC.
Offerings which assist the BOP in mitigating distances to community-based providers are considered beneficial to the Government and will be evaluated for merit. Enhancements are not additional line items. Pricing for offered enhancements must be absorbed in the line item structure established within Section 2.1 Schedule of Supplies and Services/Blanket Purchase Agreement (BPA) Pricing. Offerings of enhancements that are separately-priced line items will not be considered or accepted. The Government reserves the right to reject any offered enhancements that are determined not to be in the best interest of the Government.
The quoter’s technical proposal shall discuss in detail any such enhancements proposed, including relevant terms and a detailed discussion of the merits of offered enhancements.
(End of Performance Work Statement)
RFQP07001500043 Page 10 of 44
Section 3 - Contract Clauses
A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (May 2015)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.
Clauses By Reference
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far
Clause Title 52.203-3 Gratuities (Apr 1984)
52.203-16 Preventing Personal Conflicts of Interest (Dec 2011)
52.203-17 Contractor Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (Apr 2014)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)
52.204-14 Service Contract Reporting Requirements (JAN 2014)
52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015)
52.212-4 Contract Terms and Conditions--Commercial Items (Dec 2014)
52.232-18 Availability Of Funds (Apr 1984)
52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)
52.242-13 Bankruptcy (Jul 1995)
52.253-1 Computer Generated Forms (Jan 1991)
Clauses By Full Text
2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)
(a) "Unsafe condition" as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 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.
(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 presence 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 of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with http://www.acquisition.gov/far http://www.acquisition.gov/far
RFQP07001500043 Page 11 of 44 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 will 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 constitute 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.
(End of Clause)
52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)
Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standard Publication 201 (FIPS 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.
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 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 I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);
b. Contractor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;
c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position. Outlined below are the minimum BI requirements for each risk level:
• High Risk - Background Investigation (5 year scope)
• Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)
• Low Risk - National Agency Check with Inquiries (NACI) investigation
d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:
1) Favorable review of the security questionnaire form;
2) Favorable fingerprint results;
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.
If the NAC is not received within five days of OPM's scheduling date, the badge can be issued based on a favorable review of the Security Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e., fingerprint check results).
e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges is- sued under these procedures will be suspended or revoked.
2. Short-Term Contractor Personnel:
It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items 1a. and 1b. above. The pre-appointment waiver requirements for short-term contractors are:
a. Favorable review of the security questionnaire form;
b. Favorable fingerprint results;
c. Favorable credit report, if required;5 and
d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commensurate BI does not need to be initiated.
A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issuance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.
For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve- month period for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as stated in this interim policy.
3. Intermittent Contractors:
An exception to the above-mentioned short-term requirements would be intermittent contractors.
RFQP07001500043 Page 12 of 44
a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For 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, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted access.
c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent 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 DOJ's BI requirements.
5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.
Notes:
1. FIPS 201 is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf
2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investigation, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.
3. For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre- appointment waiver package.
4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM ' s instructions, to obtain an Advance NAC Report, a Code " 3" must be placed in block " B " of the " Agency Use Only " section of the investigative form. This report is available for all case types.
5.For contractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre- appointment waiver package.
[End of Clause]
52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)
For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services must have:
1. Legally resided in the United States (U.S.);
2. worked for the U.S. overseas in a Federal or military capacity; or
3. been a dependent of a Federal or 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/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 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 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 ser- vice.
•…
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