Micmac_LCSW_285-15-RFP-0022.pdf

285-15-RFP-0022 MICMAC LCSW

SCOPE OF WORK

Contractor shall:

1. Provide a full-spectrum of diagnostic, assessment and treatment services, including individual and group treatment, as well as psychoeducational services, e.g. “talks” about mental illness, mental health topics, or parenting. Target population will be children, adolescents, adults, and families presenting with a wide-range of psychological, psychiatric disorders and problems of daily-living requiring outpatient behavioral health intervention.

2. Utilize a variety of clinically acceptable/preferred and culturally-appropriate assessments and treatment strategies according to individual patient needs.

3. Ensure the provision of services by State of Maine licensed behavioral health providers, including psychiatrists, clinical social workers, psychologists, clinical professional counselors, and certified alcohol and drug counselors.

4. Carry liability insurance as per Federal Acquisition Regulation (FAR) 52.237-7

(https://www.acquisition.gov/) (See Below).

5. Be responsible for all costs associated with CEU’s and education necessary to maintain professional license.

6. Complete all documents necessary for IHS background check, including, but not limited to: finger print card, Agreement to Waiver of Character Investigation for Contractors, Declaration for Federal Employment (OF 306), Questionnaire for Non-Sensitive

Positions, Required Background Investigation, and an authorization for release of information.

7. Scheduling, Advanced Notice, Days and Hours Per Month:

A minimum of 4 days per month, not to exceed 8 days per month, at 8.5 hours each day (1/2 hr. unpaid lunch break), from 8AM – 4:30 PM, with lunch from 12:30 -1 PM.

Day(s) of the week to be set by MSU and the contractor.

Scheduling to be completed by front-line/scheduling staff and contractor with attention toward maximizing efficiency.

For scheduling to be efficient, and to maintain a high degree of customer service, the contractor will provide available dates for 6 months at a time at the beginning of each quarter (July, October, January, and March).

In the event the contractor is unable to work on a scheduled day due to unforeseen circumstance, illness of family or self, tragedy, accident, natural disaster, etc., a minimum 24 hour notice, or as soon as possible, must be given to allow front line staff the necessary time required for patient follow-up and rescheduling.

Contractor shall give a minimum of 21 days advance notice of schedule changes for all other reasons. More advanced notice would be appreciated if possible.

8. In the event the contractor is unable to work due to MSU closure the contractor will not be paid. If MSU should require an early release (due to inclement weather, for example), the contractor will not be paid for a full day, but will be paid up until the early release time

(release at 2 PM, for example, is 5.5 hours of pay).

9. Conduct comprehensive biopsychosocial assessments and provide on-going treatment services off-site, and will maintain an intermittent on-site presence at the Micmac Service

Unit for behavioral health screening, individual and group counseling and treatment, patient referral, case management, and consultative purposes.

10. Provide face-to-face and/or telephone crisis intervention and emergency referrals during normal business hours, and will direct patients to an appropriate crisis hotline/psychiatric emergency service line after-hours.

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11. Conduct behavioral health screenings, comprehensive biopsychosocial assessments, and in coordination with the Micmac Case Management Team, develop an individualized treatment plan for each Micmac patient served.

12. Participate in scheduled monthly case conferences with other Micmac Service Unit providers to develop/revise patient care plans, and encourage a coordinated, collaborative and interdisciplinary approach to patient care.

13. Participate in scheduled Diabetes Team meetings, provide “talks” on various assigned mental health and substance abuse issues to diabetes support group participants, and provide assigned patient and staff education presentations or training on issues related to psychological services.

14. Document and maintain an electronic record of all patient services provided, as appropriate, and in accordance with good clinical practice, Indian Health Service policy, and the requirements of all State and Federal laws, and will complete such forms and documents as necessary for proper treatment, management, administration, documentation, quality assurance and payment for psychological services to patients.

15. Review, sign, and adhere to the Privacy Act, HIPAA rules and regulations, and all other applicable statutes, regulations and policies related to the confidentiality and safeguarding of patient, facility, and Indian Health Service data and information. All MSU and IHS policies regarding rules of conduct will be adhered to at all times.

16. Maintain working relationships with other agencies to include: the courts, law enforcement officials and agencies, hospitals, schools, rehabilitation services, and any other possible referral sources.

17. Be prepared to complete or assist in other quality improvement, policy, accreditation, or customer service related work in the event of patient no-shows or cancellations when on-site.

Micmac Service Unit (MSU) Responsibilities:

1. Provide scheduling of patients as needed.

2. Provide the necessary resources to fulfill the on-site duties within this document through use of an office, conference room, office supplies, orientation, training, and computer.

3. Offer a multidisciplinary team approach for case management.

4. Updates, reviews, revises contract at the conclusion of each contractual period.

5. Evaluate the adequacy of BHS/LCSW execution of his/her responsibilities.

6. The service unit’s Clinical Director and Health Systems Administrator, through examination of the reporting information submitted, evaluate and determine the continued need for this service.

7. Assist the BHS/LCSW in the resolution of problems if encountered during performance of his/her responsibilities.

8. In the event travel expenses, outside those already described, are incurred as the result of specific IHS/MSU assigned work, such as conference attendance, presentations, Tribal leadership presentations, or training specific to Native populations, MSU will be responsible for those expenses. Expenses will not exceed GSA allowances.

Reporting Requirements

Contractor Reporting Requirements:

1. Provide quarterly productivity and efficiency reports to MSU’s Clinical Director and Health

Systems Administrator outlining: (a) number of clinical patient contacts, (b) program objectives and outcomes, (c) customer satisfactory rates, (d) improvement plans (should

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one be needed), and contacts made outside of the service unit (Elders, Diabetes

Education, or Head Start for example), using one half-day each quarter to complete this requirement.

2. Report to MSU’s Clinical Director and Health Systems Administrator, on a monthly basis, any significant findings, discrepancies, errors and opportunities for improvement relative to MSU health services, administration and/or management that come to his/her attention through the Monthly Staff Report (template provided). Due dates for monthly reporting are found in the MSU Shared Calendar.

Licensure/Insurance/Compensation

Contractor shall ensure that he/she is currently, and during the term hereof shall remain

(a) Not guilty of any finding of unprofessional conduct by any agency or Board of the State of Maine, or otherwise in violation of the professional, practice laws or regulations of the state of Massachusetts.

(b) In compliance in all respects with all laws pertaining to confidentiality of patient records, and

(c) Properly licensed by the State of Maine. Contractor shall submit evidence of Provider’s license to Micmac Service Unit upon demand at any time, and shall immediately notify Micmac Service Unit of any change in such licensure status. Contractor shall agree to review by Micmac Service Unit.

The Government shall not be required to pay or withhold any tax in respect of or out of the income of contractor. Contractor and Indian Health Service, Nashville Area Office (IHS, NAO), agree and acknowledge that the IHS, NAO are not providing and shall have no obligation to provide health, life, worker’s compensation, or disability insurance, pension benefits, vacation, or sick leave pay, training or any other personal benefit of any kind as request is for a contracted service.

Contractor shall be entitled to the use of such office space at Micmac Service Unit’s facility as determined necessary to perform the services required by the contract.

Except as provided elsewhere in this contract. Contractor shall provide and maintain malpractice and such other insurance during the period of this contract, at no additional cost to the Government.

All insurance required by the contract shall be in a form and amount as Contracting Official may deem necessary as per the Federal Acquisition Regulation (FAR) 52.237-7 “Indemnification and Medical Liability Insurance” clause states (See Below).

If any malpractice suit or action is filed or any claim is made against contractor for treatment of any patients referred by the Government, Contractor shall immediately notify contracting official and promptly furnish copies of all pertinent papers received.

Contractor shall authorize the Government representative to collaborate with counsel for the insurance carrier in settling or defending any claim.

PERIOD OF SERVICE

The period of service shall consist of “Date of Award” – forward one calendar year, with a 4-year contract-extension option (on a per year basis). This contract may be renewed at the conclusion of the performance period by bi-lateral agreement between the Micmac Service Unit and the contractor.

SUPERVISION:

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Clinical supervision to be provided by the Medical Officer and the Nashville Area Chief Medical Officer. Administrative contractual oversight will be provided by the Micmac Service Unit, Health System Administrator.

SUPPLIES OR SERVICES AND PRICE/COSTS

Contractor shall provide LCSW services for onsite recipients of the Micmac Service Unit located at: 8 Northern Road, Presque Isle, ME 04769-2040.

1) SCHEDULE 1 – BASE YEAR, Date of Award – Forward One Calendar Year

a. RATE$_____________hr. TOTAL$_____________

2) SCHEDULE 2 – OPTION YEAR (1), Dates TBD by Base Year

a. RATE$_____________hr. TOTAL$_____________

3) SCHEDULE 3 – OPTION YEAR(2), Dates TBD by Base Year

a. RATE$_____________hr. TOTAL$_____________

4) SCHEDULE 4 – OPTION YEAR(3), Dates TBD by Base Year

a. RATE$_____________hr. TOTAL$_____________

5) SCHEDULE 5 – OPTION YEAR(4), Dates TBD by Base Year

a. RATE$_____________hr. TOTAL$_____________

INDICATE AN ALL-INCLUSIVE UNIT PRICE, ALL INCLUSIVE-PROFESSIONAL SERVICES

AND OTHER ASSOCIATED COSTS THAT ARE REQUIRED TO PERFORM THE SERVICE OF

THIS REQUIREMENT AS NO ADDITIONAL EXPENSES WILL BE PAID.

BACKGROUND INVESTIGATIONS

Background investigations must be initiated before the provider can start providing services.

Waivers may be requested by the service unit for a period of not to exceed 30 days.

A completed package of the required forms will be necessary for all contractors through this contract as determined by the Indian Health Service, Nashville Area Office Human Resources Department.

FEDERAL, STATE, AND LOCAL TAXES

Contractor understands that the government does not pay any IRS requirements (taxes), insurance or any other benefits for the contractor under this contract. This is in accordance with (FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) and FAR 52.229-4

FEDERAL, STATE, AND LOCAL TAXES (NON-COMPETITIVE CONTRACT [FEB 2013]).

Clauses may be assessed electronically at https://www.acquisition.gov/far/index.html

IMMUNIZATION RECORD

To persons born after December 31, 1956; if awarded a contract you must provide proof of immunity to Rubella and Measles prior to award of contract. Serological testing to confirm immunity and/or immunizations will be provided to the Government. Special considerations may be allowed to individuals, who are allergic to component of a vaccine, has history of severe reaction of a vaccine or who are currently pregnant. Written evidence must be included in the completed Application to Medical Staff.

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CONTACT WITH INDIAN CHILDREN

Individuals providing services which involve regular contact with or control over, Indian children, are subject to a character investigation. IHS Personnel Office will conduct these investigations following the award unless in the judgment of the Contracting Officer, in consultation with the Personnel Officer, investigation may be waived based on prior investigations on file. Until the Contracting Officer has been notified of the result of the investigation, such individuals shall not have unsupervised contact with Indian children.

The contractor must perform in accordance with Section 231 of the Crime Control Act of 1990, P.

L. 101-647 and the Indian Child Protection and Family Violence Prevention Act, P.L. 101-630, and failure to comply with these statutes will result in immediate removal.

OTHER FACTORS

Contractor shall be required to develop familiarity with current policies, procedures, by-laws and regulations of the clinical and medical staff of the Micmac Service Unit.

Documents that will have to be filled out by the successful proposal will include the following:

finger print card, Agreement to Waiver of Character Investigation for Contractors, Declaration for Federal Employment (OF 306), Questionnaire for Non-Sensitive Positions, Required Background Investigation Information, OF 306 Addendum, and an authorization for release of information are the minimum forms necessary to process.

The contractor will be required to carry liability insurance as per FAR 52.237-7 listed below.

IHS BUSINESS ASSOCIATE AGREEMENT

I. Authority:

Pursuant to 45 C.F.R. § 164.502(e), the Indian Health Service (IHS), as a covered entity, is required to enter into an agreement with a “business associate,” as defined by 45 C.F.R. § 160.103, under which the business associate must agree to appropriately safeguard Protected Health Information (PHI) that it will use and disclose when performing functions, activities or services pursuant to its contract with the IHS. By signing Contract No. (Contract), agrees that it is a Business Associate and will comply with the terms below, in addition to other applicable Contract terms and conditions, and applicable law, relating to the safekeeping, use, and disclosure of PHI. This Appendix comprises the Business Associate Agreement (Agreement).

II. Definitions:

The following terms shall have the same meaning as those terms in 45 C.F.R.

Part 160 and Part 164, which are the federal regulations implementing the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended: Breach, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, PHI, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured PHI, and Use.

A. Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 C.F.R. § 160.103, and in reference to the party to this Agreement shall mean .

B. Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 C.F.R. § 160.103, and in reference to the party to this Agreement, shall mean the IHS.

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C. HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 C.F.R. Part 160 and Part 164.

D. Master Patient Index (MPI). The “Master Patient Index” or “MPI” is composed of a unique list of patients and a current list of medical centers where each patient has been seen. This enables the sharing of patient data between operationally and regionally diverse systems. Each record (or index entry) on the MPI contains a small amount of patient data used to identify individual entries.

The mission of the MPI is to uniquely identify a patient and to “link” that patient’s data throughout the IHS facilities using the Integration Control Number (ICN). The MPI is the authoritative source of a patient’s ICN, the enterprise-wide identifier for IHS facilities and the key to accessing a patient’s record. The accuracy of patient information and patient identification directly affects clinical, administrative, billing, and interdepartmental processes.

III. Obligations and Activities of Business Associate:

A. Compliance: Business Associate agrees not use or disclose PHI other than as authorized by the Agreement or as required by law. Business Associate acknowledges that it is directly liable under the HIPAA Rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of PHI that are not authorized by the Agreement or required by law.

Business Associate agrees that it will require all of its agents, employees, subsidiaries, and affiliates, to whom Business Associate provides PHI, or who create or receive PHI on behalf of Business Associate for Covered Entity, to comply with the HIPAA Rules and to enter into written agreements with Business Associate that provide the same restrictions, terms, and conditions as set forth in the Agreement.

B. Subcontractors: In accordance with 45 C.F.R. §§ 164.502(e)(1)(ii) and 164.308(b)(2), which govern relations with subcontractors, Business Associate agrees to ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of Business Associate agree to the same restrictions, terms, and conditions that apply to Business Associate with respect to such PHI.

C. Safeguarding PHI: Business Associate shall develop and use appropriate procedural, physical, and electronic safeguards to protect against the use or disclosure of PHI in a manner not authorized by this Agreement or required by law. Business Associate will limit any use, disclosure, or request for use or disclosure of PHI to the minimum amount necessary to accomplish the intended purpose of the use, disclosure, or request.

D. Safeguarding Electronic PHI: Business Associate agrees to use appropriate safeguards, as set forth in Subpart C of 45 C.F.R. Part 164 with respect to electronic PHI, to prevent use or disclosure of electronic PHI other than as authorized by this Agreement or required by law.

E. Reporting Use or Disclosures Not Authorized By this Agreement or

Required by Law: Business Associate agrees to report to Covered Entity any use or disclosure of PHI not authorized by this Agreement or required by law within thirty (30) days of discovering the use or disclosure, or any security incident of which it becomes aware. In addition, Business

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Associate shall mitigate, to the extent practicable, any harmful effect that is known to Business Associate of the use, disclosure, or security incident.

F. Reporting of Breach: In accordance with the policy of the Department of

Health and Human Services, Business Associate will report, within one hour of discovery, all suspected or confirmed breaches to Covered Entity.

G. Notification of Breach of Unsecured PHI: In addition to the above, Business Associate shall notify Covered Entity of a breach, as set forth in 45 C.F.R. § 164.410, of the security of any unsecured PHI that Business Associate received from, or created or received on behalf of, Covered Entity within thirty (30) calendar days after the discovery of the breach by Business Associate, its employees, officers, and/or other agents, unless notification is specifically excepted by 45 C.F.R. § 164.412.

1. Requirements of Notice. Such notice shall include, to the extent possible, the identification of each individual whose unsecured PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such breach; a brief description of the circumstances of the breach of security, including the date of the breach and the date of Business Associate’s discovery of the breach; and the type of unsecured PHI involved in the breach. Business Associate agrees to provide any other available information that Covered Entity is required to include in notification to the individual under 45 §164.404(c). In the event notification is delayed, evidence demonstrating the necessity of the delay shall accompany the notification.

H. Individual Access to PHI: Business Associate shall maintain a designated record set for each individual for whom it maintains PHI. In accordance with an individual’s right to access his or her PHI, Business Associate shall make available all PHI in the individual’s designated record set to the individual to whom that information pertains, or, upon the request of the individual, to that individual’s authorized representative, as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. §

164.524. Availability to access PHI shall be made within five (5) calendar days of receipt of a valid request.

I. Accounting of Disclosures: Business Associate shall maintain records of

PHI received from, or created or received on behalf of, Covered Entity and shall document subsequent uses and disclosures of such information by Business Associate. Business Associate shall, within five (5) calendar days after receiving a request from Covered Entity, provide to Covered Entity such information as Covered Entity may require to fulfill its obligations to account for disclosures of PHI pursuant to 45 C.F.R. § 164.528.

J. Amendment of PHI: Business Associate shall, within five (5) calendar days of a request by Covered Entity, make PHI available to Covered Entity for Covered Entity to fulfill its obligations under 45 C.F.R. § 164.526 to amend PHI and shall, as directed by Covered Entity, within five (5) calendar days of receipt of such direction, incorporate any amendments into PHI held by Business Associate. In addition, Business Associate shall ensure incorporation of any such amendments into PHI held by its agents or subcontractors within ten (10) days of such direction, and shall notify Covered Entity within five (5) calendar days of when those agents or subcontractors

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have completed the incorporation of the amendments. Business Associate shall forward to Covered Entity all requests to amend PHI that it receives directly from individuals within five (5) calendar days of its receipt of a request.

K. Carrying out Covered Entity’s Obligations: To the extent Business

Associate is to carry out one or more of Covered Entity’s obligation(s) under Subpart E of 45

C.F.R. Part 164, Business Associate agrees to comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligation(s).

L. Disclosures for Verifying Compliance: Upon request, Business Associate shall permit access by the Secretary and Covered Entity during normal business hours to its facilities, books, records, accounts, and any other sources of information, including PHI and any agreements that it has with subcontractors, vendors, and/or other agents relating to the use and disclosure of PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, for purposes of determining both Business Associate’s and Covered Entity’s compliance with the HIPAA Rules.

IV. Permitted Uses and Disclosures by Business Associate:

A. Business Associate shall not use or disclose PHI except to perform functions, activities, or services on behalf of Covered Entity as provided for in the Contract, this Agreement, the HIPAA Rules, or other applicable law.

B. Business Associate agrees that it may use or disclose PHI on behalf of

Covered Entity only:

1. Upon obtaining the authorization of the individual to whom the PHI pertains;

2. For the purposes of treatment, payment or health care operations unless Covered Entity has agreed to a restriction pursuant to 45 C.F.R. § 164.520(b)(iv)(A) or 45 C.F.R. § 164.522; or

3. Without an authorization or consent, if in accordance with 45 C.F.R. § 164.510, 45 C.F.R. § 164.512, 45 C.F.R. § 164.514(e), 45 C.F.R. § 164.514(f), or 45 C.F.R. § 164.514(g).

C. Business Associate shall use and disclose PHI in compliance with each applicable requirement of 45 C.F.R. § 164.504(e), which section is fully incorporated herein.

D. Business Associate agrees to make uses, disclosures, and requests for

PHI consistent with Covered Entity’s minimum necessary policies and procedures.

E. It is anticipated that Business Associate will have access to the MPI.

F. Business Associate may not use or disclose PHI in a manner that would violate Subpart E of 45 C.F.R. Part 164 if done by Covered Entity, except for the specific uses and disclosures set forth below.

1. Business Associate may disclose PHI for the proper management

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and administration of Business Associate or to carry out the legal responsibilities of Business Associate, provided the disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.

V. Obligations of Covered Entity:

A. Covered Entity shall provide Business Associate with its Notice of

Privacy Practices and any changes to the Notice.

B. Covered Entity shall notify Business Associate of any limitation(s) in Covered Entity’s Notice of Privacy Practices under 45 C.F.R. § 164.520, to the extent that such limitation may affect Business Associate’s use or disclosure of PHI.

C. Covered Entity shall notify Business Associate of any change in, or revocation of, the permission by an individual to use or disclose his or her PHI to the extent that such changes may affect Business Associate’s use or disclosure of PHI.

D. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed to or is required to abide by under 45 C.F.R. § 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI.

E. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under Subpart E of 45 C.F.R.

Part 164 if done by Covered Entity, except as provided in Part IV, Subpart F, Section 1.

VI. Termination:

A. Term: The Term of this Agreement shall be effective as of the date Business

Associate signs the underlying Contract and shall terminate when the Contract ends or on the date covered entity terminates for cause as authorized in paragraph (b) of this Section, whichever is sooner.

B. Termination for Cause: Business Associate authorizes termination of this

Agreement by Covered Entity, if Covered Entity determines Business Associate has violated a material term of the Agreement and Business Associate has not ended the violation within the time specified by Covered Entity.

C. Obligations of Business Associate Upon Termination: Upon termination of this Agreement for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall:

1. Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities;

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2. Return to Covered Entity, or, if agreed to by Covered Entity, destroy, the remaining PHI that Business Associate does not need to continue its proper management and administration or to carry out its legal responsibilities;

3. Continue to use appropriate safeguards, in compliance with Subpart C of 45 C.F.R. Part 164, with respect to electronic PHI to prevent use or disclosure of electronic PHI, other than as provided for in this Part, for as long as Business Associate retains the PHI;

4. Not use or disclose PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out above, at Part IV, Subpart F, Section 1 of the Agreement which applied prior to termination;

5. Return to Covered Entity, or, if agreed to by Covered Entity, destroy, the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities; and

6. If Business Associate or its agent or subcontractor destroys any PHI, Business Associate will provide Covered Entity with documentation evidencing such destruction within thirty (30) days of completion of destruction.

D. Survival: The obligations of Business Associate under this Part shall survive the termination of this Agreement.

VII. Indemnification:

In the event Business Associate is investigated and/or becomes a party to a civil or criminal cause of action in any forum relating to its failure to comply with the HIPAA Rules, Business Associate shall reimburse Covered Entity all reasonable costs and expenses Covered Entity may incur relating to such investigation and/or cause of action, and will otherwise hold Covered Entity harmless for any and all reasonable costs and expenses relating to the foregoing.

VIII. Miscellaneous:

A. Incorporation: This Agreement is attached to and fully incorporated into the Contract.

B. Notices: All notices under this Agreement shall be provided by certified mailing, and shall require proof of date of receipt.

C. Regulatory References: A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.

D. Amendment: The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law.

E. Interpretation: Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.

F. Successors and Assigns: This Agreement shall be binding upon, inure to the benefit of and be enforceable by and against the Parties and their successors and assigns.

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G. Severability: If a court of competent jurisdiction deems any provision of this Agreement unenforceable, such provision shall be severed from this Agreement and every other provision of the Agreement shall remain in full force and effect.

CLAUSES INCORPORATED BY FULL TEXT

Full text of the Federal Acquisition Regulation (FAR) and Health and Human Services Acquisition Regulations (HHSAR) can be accessed on the Internet at:

https://www.acquisition.gov/ http://www.hhs.gov/policies/hhsar/

In addition to the information required in FAR 52.212-1 (APR 2014), Contractors shall provide the following: (1) completed "Declaration for Federal Employment" form (2) verification of indemnification (3) three past performance references; (4) Dun and Bradstreet Number (note:

Contractors must be registered in the Central Contractor Registration to be eligible for award.

This can be done at http://www.sam.gov). The successful offeror shall be required to complete the following background investigation forms: SF 85, Questionnaire for non-sensitive Positions and SF 87, Finger Print Forms.

52.212-1 Instructions to Offerors—Commercial Items (APR 2014).

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in

Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the

SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see

FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and https://www.acquisition.gov/ http://www.hhs.gov/policies/hhsar/ https://acquisition.gov/far/current/html/FormsStandard68.html#wp1189284 https://acquisition.gov/far/current/html/FormsStandard68.html#wp1189284 https://acquisition.gov/far/current/html/52_212_213.html#wp1179194 https://acquisition.gov/far/current/html/52_212_213.html#wp1179194

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(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for

30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is

4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time https://acquisition.gov/far/current/html/FormsStandard68.html#wp1189284

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before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the

Government reserves the right to conduct discussions if later determined by the Contracting

Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item

Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of

Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense

Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600

EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

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(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the

System for Award Management (SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United

States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-2 Evaluation—Commercial Items (OCT 2014).

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price, professional experience, past performance, familiarity with IHS policies/practices, and Indian

Preference.

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past https://acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964 http://fedgov.dnb.com/webform

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performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are 40% [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-4 Contract Terms and Conditions-Commercial Items (MAY 2015).

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements.

Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the

“hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-https://acquisition.gov/far/current/html/Subpart%2015_3.html#wp1088883 https://acquisition.gov/far/current/html/Subpart%2015_3.html#wp1088883

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(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the

Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's…