285-19-RFP-0010_Unity_Healing_Center_Quality_Assurance_Review.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

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OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

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RFQ IFB RFP

SEE ADDENDUM

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SCHEDULE OF SUPPLIES/SERVICES

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AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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DATED . . YOUR OFFER ON SOLICITATION

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30a. SIGNATURE OF OFFEROR/CONTRACTOR

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ARE ARE NOT ATTACHED

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8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

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VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

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285-19-RFQ-0010

Ralph W. Ketcher, Jr. 615-467-1516

See box 9 See box 9

IHS Nashville Area Office Attn: Finance Department 711 Stewarts Ferry Pike Nashville, TN 37214

541990

$15 M

09/05/2019

10/04/2019

5:00 PM CST

IHS Nashville Area Office 711 Stewarts Ferry Pike Nashville, TN 37214

STANDARD FORM 1449 (REV. 2/2012) BACK

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CORRECT FOR

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38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Unity Healing Center Quality Assurance Review 285-19-RFP-0010

SECTION B – PRODUCTS OR SERVICES AND PRICES/COSTS

B.1. TYPE OF CONTRACT (FAR 52.216-1 (APR 1984))

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

B.2. CONSIDERATION AND PAYMENT

The Contractor shall provide the services described in Section C, Description/ Specifications/Performance Work Statement (PWS). Except as otherwise specified in the contract, the Contractor shall furnish the necessary personnel, materials, services, facilities, and otherwise provide all tasks necessary for or incident to the performance of the work set forth herein.

B.3. CONTRACT PRICE

CLIN

Contract Period

Description of Services

Unit

Quantity Total Price ($)

Base

Contractor shall provide the required services to meet all requirements under the PWS Section V. Contract Deliverables/Tasks

EA 1 $

Base

Travel & Lodging The Contractor will notify the COTR of any travel requirement at least 30 business days prior to the actual travel date.

Not to Exceed $ 30,000.00

Total Price for Base Period: NTE $

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

IHS Medical Quality Assurance Review

I. Background

Providing quality health care services to its patients requires that IHS provide a safe treatment environment. The IHS intends to perform an internal patient safety medical quality assurance review of the Indian Health Service’s (IHS) policies and procedures regarding the reporting of allegations of sexual abuse of IHS patients by IHS clinical staff. IHS is assessing both a retrospective and current state of the agency’s compliance with existing laws, regulations, and policies regarding patient safety and protection of patients from sexual abuse and assault. IHS takes very seriously its responsibilities to protect Indian patients and especially Indian children and is committed to improving its system to ensure the maximum protection of IHS patients.

II. Scope

We seek a comprehensive analysis showing how IHS could significantly improve the identification of, and response to complaints of patient abuse, especially sexual abuse of minors. The contractor will perform a fact- finding inquiry and record review at the Nashville Area located in Nashville, Tennessee, and Unity Healing Center located in Cherokee, North Carolina. The period of the records to review are from 2016 to 2019. The contractor will have access to documentation including agency policies and procedures, contracts and other agreements, personnel files, agency correspondence and agency employees to conduct interviews.

III. Objectives

The objectives of the review will be to: (a) identify facts relating to IHS’s policies and procedures regarding the reporting of allegations of sexual abuse of IHS patients by IHS staff; (b) identify any possible process or system failures and the contributing causes of any such process or system failures; and (c) make recommendations for improvement. Upon completion of the contracted work, the IHS should be in a position to quickly adopt policies and standard operating procedures, templates and timelines that establish a clear outline of reporting channels to hold all agency staff accountable, including the order in which required steps should be performed. Additionally, we seek recommendations for training activities to effectively implement new, streamlined standard operating procedures that will result in increased accountability of all staff, reduce risk of reprisal against reporters and whistleblowers, and provide for more timely and useful reporting of suspected abuse of patients.

We seek to assess how effective agency policies have been since 2016 to develop and/or improve policies and procedures that focus on:

a. Timely reporting of suspected or known sexual abuse of IHS patients by IHS staff to appropriate authorities;

b. Supervisory or other line management handling of reported suspicion of sexual abuse;

c. Prompt action to temporarily remove a suspected abusive staff out of the work environment to facilitate an administrative or criminal investigation;

d. Providing timely and complete information to support internal or external reviewers or investigators to promote an effective and informative investigation;

e. Taking prompt and effective remedial action on specific conclusions reached in an investigation;

f. Avoiding a transfer or “passing around” within the agency of problem providers or other staff.

IV. Contractor Qualifications

I. The contractor must have a comprehensive understanding of and experience in: conducting quality medical reviews; conducting child sexual abuse investigations; reviewing compliance with child sexual abuse reporting laws, regulations and policies; identifying weaknesses in day-to-day operations and reporting systems applicable to allegations of child sexual abuse; developing recommendations to effectively remediate weaknesses and to strengthen and improve agency operations.

II. The contractor must have extensive, demonstrated experience drafting, editing and presenting detailed, comprehensive reports, together with sample of recommended statements of procedure, accountability systems, and instruction training materials.

III. The contractor’s proposal must demonstrate that the contractor and the contractor’s key personnel, are available to successfully complete the intended work on time and within a detailed specified budget; fulfilling the intended scope and objective of the work without unduly disrupting the ongoing activities of the agency or its personnel, and without violating any applicable laws or limitations the IHS specifies in this scope of work.

IV. The contractor must identify and provide resumes with the relevant experience outlined under Section IV. Item I. for the key personnel to be assigned to this task. Key personnel are all individuals who will be supporting this task in a primary capacity, including both full and part-time personnel.

V. The contractor must submit past accomplishments in assisting organizations in improving their policies and procedures in reporting and/or responding to child sexual abuse.

V. Contract Deliverables/Tasks:

Work will be performed by the contractor on-site in Nashville, Tennessee, and Cherokee, North Carolina. The contractor should be prepared to complete focused in-person and phone call interviews with current and previously employed agency staff. Many of these staff may not be identified until the contractor engages the individuals during the course of contract performance.

Work may be performed in part, at the contractor’s office location, and with contractor owned equipment. However, space will be made available within the Area Office or Unity Healing Center, as needed to perform interviews and/or obtain records. Obtaining necessary records for the review will be the responsibility of the contractor. All pertinent records previously obtained by IHS will be provided to the contractor at start of the contract period. A data sharing agreement and business associate agreement will be required by IHS and signed by the contractor prior to the release of information related to the medical quality assurance review.

Written progress reports will be provided as written below until all deliverables are completed.

1. Within 60 days of contract award:

o Collect and organize any facts regarding reported allegations of sexual abuse of IHS patients.

o 25% of the total firm fixed price award amount is to be reimbursed upon acceptance of this deliverable.

2. Within 120 days of contract award:

o Perform a thorough analysis of factors that contributed to any possible underlying process and system failures (root causes).

o 25% of the total firm fixed price award amount is to be reimbursed upon acceptance of this deliverable.

3. Within 150 days of contract award:

o Identify the contributing factors.

o Identify the root causes.

o 25% of the total firm fixed price award amount is to be reimbursed upon acceptance of these deliverables.

4. Within 180 days of contact award:

o Submit a final written report to IHS with recommendations for improvement and elimination of root causes.

o 25% of the total firm fixed price award amount is to be reimbursed upon acceptance of this deliverable.

VI. Access and Confidentiality

The contractor will be required to enter into a data sharing agreement and business associate agreement with IHS. Both agreements must be signed by the contractor prior to the release of information related to the medical quality assurance review.

The contractor will have limited access to government facilities to perform the work.

Contractor representatives will receive temporary passes, which must be displayed and used accordance with government rules and procedures.

There will be no access given to the Contractor to government IT systems in connection with this, except as follows:

Information supplied to the Contractor in connection with the work will include private, personnel sensitive, and HIPAA protected information. The Contractor must maintain the confidentiality of this information and use it only to perform the work contemplated in this statement of work. Any use, disclosure or raise of this information by the Contractor to third parties in the course of the work, whether for research analysis or otherwise, will require the specific written authorization of the Contracting Officer. Unauthorized use or disclosure of private sensitive or other protected information may be considered a breach of contract and subject the Contractor and/or its representatives to penalties as provided by law. All Contractor representatives will be required to sign a non-disclosure agreement in connection with thus statement of work at the time of the award.

The contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances that would give rise to an organizational conflict of interest as defined in FAR subpart 9.5, or that the Contractor has disclosed all such information. The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. The disclosure must include a description of all actions the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

SECTION D – PACKAGING AND MARKING

N/A

SECTION E – INSPECTION AND ACCEPTANCE

E.1. INSPECTION AND ACCEPTANCE

All work under this contract is subject to inspection and final acceptance by the Contracting Officer (COR) or the duly authorized representative of the government. The Contracting Officer’s Representative (COR), as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor’s performance, evaluating the quality of services provided by the Contractor, and performing final inspection and acceptance of all deliverables and services called for by the contract.

E.2. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Purpose:

The purpose of this quality assurance surveillance plan (QASP) is to provide a government-developed and applied system to assure the use of quality assurance methods in the administration of the performance based acquisition standards. The intent is to ensure that the program services are provided in accordance with performance requirements set forth in the contract documents, that the government receives the quality of services called for in the contract and that the government only pays for the acceptable level of services received.

This plan provides the basis for the COR to evaluate the quality of the contractor’s performance.

The oversight provided for in the contract and in this plan will help ensure that service levels reach and maintain the required levels throughout the contract term. Further, this plan provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required annual past performance evaluations.

Authority:

Authority to issue this QASP is provided under Section E.2. – Inspection and Acceptance, which provide for inspection and acceptance of the articles, services, and documentation called for in task orders to be accomplished by the CO or COR.

Scope:

The Contractor is responsible for management and quality control actions necessary to meet the quality standards set forth by the contract. The Contractor develops and submits its quality control plan (QCP) for government approval in compliance with its contract deliverables.

The Contractor must provide a quality control plan that contains, at a minimum, the items listed below to the contracting officer for acceptance not later than the post-award conference. The CO will notify the Contractor of acceptance or required modifications to the plan before the contract start date. The Contractor must make appropriate modifications and obtain acceptance of the plan for the CO before the contract start date. The plan must include:

• A description of the inspection system to cover all services listed on the performance requirements summary. The description must include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the inspectors.

• A description of the methods to be used for identifying and preventing defects in the quality of service performed.

• The plan must ensure that no patient personally identifiable information is disclosed to the contractor in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191.

Once accepted, the Contractor then used the QCP to guide and rigorously document the implementation of the required management and quality control actions to achieve the specified results.

The QASP is put in place by the COR to provide government surveillance oversight of the Contractor’s quality control efforts to assure that they are timely, effective and delivering the results specified in the contract or task order. The QASP is not a part of the contract, nor is it intended to duplicate the Contractor’s QCP.

Government Resources

Contracting Officer (CO): Ralph Ketcher Contracting Officer’s Representative (COR): To be disclosed upon award.

Program Manager (PM): To be disclosed upon award.

Responsibilities

CO: Manage overall contract to assure that the Contractor receives fair and equitable treatment under the contract, as well as, determine whether the Contractor’s performance is adequate.

COR: Provide technical administration of the project and assure government surveillance of the Contractor’s performance. Inform the CO and the PM about Contractor performance and recommend payment of invoices. Participate in conference calls with the Contractor and attend occasional face-to-face meetings. Purpose of communications is to review project progress, discuss issues or problems, and develop recommendations.

PM: Provide technical oversight of the contract and report findings to the COR. Participate in weekly calls with the Contractor and attend occasional face-to-face meetings. Purpose of communications is to review project progress, discuss issues or problems, and develop recommendations.

Methods of Surveillance

The methods of surveillance listed below shall be used in the administration of this QASP. In addition to specific instructions that may be mentioned, the appropriate and standardized form that is to be used for documentation for QA surveillance is the surveillance activity checklist.

Government staff will use these surveillance methods:

A. COR/PM Feedback - Government staff will use this method to inspect and approve: The PM will review and recommend approval or corrections as appropriate to the COR, who will then approve after due consideration of performance standards. The COR/PM Feedback Form will be used each time the Contractor sends curriculum or reports to COR and PM. Procedures to be used for materials:

1. Visual inspection, reading for content, layout, visual appeal, organization, and cultural acceptability of the curriculum, lessons, lessons plans, teaching tools and Evaluation Reports by the PM and then recommendation to the COR for Approval or for corrective actions to be taken if needed.

B. Evaluation Summaries - This method of government method of monitoring relies on the evaluation summaries that is related to actual requirements of the contract. The evaluation summaries will be used each time the Contractor hosts a training at the pilot sites. The Contract Discrepancy Report (see Performance Evaluation below) will be used when the contractor does not meet the standards when evaluated by the COR and/or Program Manager.

Identified QA Surveillance Tasks (QASP) – Acceptable Quality Levels (AQL)

Performance Evaluation

If the Contractor fails to perform required services at the acceptable quality level, payment may be withheld until the contractor makes corrections. In the event that the contractor is failing to perform any required services, the COR will provide written notice of such to the PM, the Contracting Office and the contractor. The Contracting Office will issue the contractor a Contractor Discrepancy Report (CDR). The contractor shall have 14 calendar days to provide the Contracting Office with contractor’s response to the CDR. Upon evaluation of the Contractor’s response to the CDR for tasks surveilled, the contractor’s payment for the month in which the performance in question occurred will be calculated. For this example, assume the following:

a. progress reports at the 90% compliance level to IHS COR and PM as specified;

b. progress report is not provided in timeframe identified; and

c. billing.

The maximum payment percentage to be withheld for not meeting the AQL would be 10%.

Documentation

The Program Manager will, in addition to providing documentation to the Contracting Officer, maintain a complete quality assurance file. The will contain copies of all reports, evaluations, recommendations, and any actions related to the government’s performance of the quality assurance function, including the originals of all surveillance activity checklist. All such records will be retained for the life of this contract. The Program Manager shall forward these records to the Contracting Officer upon termination or completion of the contract. Forms to be used are:

• Contract Discrepancy Report (CDR)

• Contractor Assessment Report (PM/COR Feedback Form)

Performance Requirements

STANDARDS OF PERFORMANCE – Acceptable Quality Levels (AQL)

Performance Evaluation - If the Contractor fails to perform required services at the acceptable quality level, payment may be withheld until the Contractor makes corrections. In the event that the Contractor is failing to perform any required services, the COR will provide written notice of such to the Program Manager, the Contracting Officer and the Contractor. The Contracting Office will issue the contractor a Contractor Discrepancy Report (CDR). The contractor shall have 14 calendar days to provide the Contracting Office with their response to the CDR.

SECTION F – DELIVERIES AND/OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

All deliverables shall be submitted to the government within 180 days of the contract award.

F.2. PLACE OF PERFORMANCE

A majority of services will be performed at the contractor’s worksites. Contractors may need to travel for face-to-face meetings with the IHS.

F.3. DELIVERABLE SCHEDULE

The Contractor shall submit the below deliverable items to the Contracting Officer’s Representative (COR) and the Contract Specialist (CS) at the address shown in Section G.1.3.

Items specified for delivery below are subject to the review and approval of the COR prior to acceptance. The Contractor shall be required to make revisions deemed necessary by the COR.

F.4. REQUIRED DELIVERABLES

See PWS Section V.

F.5. CORRESPONDENCE AND CONFERENCE CALLS

The Contractor shall participate in four weekly conference calls to build the framework for the quality assurance medical review for the first month of the contract. The contractor will then participate in monthly conference calls with the COR and PM. The Contractor will provide agenda, meeting minutes, and meeting summaries of major decisions as a result of each conference call within 3 business days of the conference call. The conference call schedule may be adjusted as determined by the COR.

F.6. CONFIDENTIALITY, SECURITY AND PRIVACY

See PWS Section VI.

F.7. GOVERNMENT-FURNISHED PROPERY/SERVICES & EXPECTATIONS

No government furnished materials are provided under this contract.

The Government shall be deemed as having complete control over direct ownership of records and data created or produced by the Contractor in the performance of this contract until such time as the records and data have been: (1) subjected to an acceptable method of quality control and quality assurance and utilized in the evaluation of this project; and (2) destroyed or returned completely to Indian Health Service and (3) the Contractor may not publish or use any records or findings from the project for any other purpose in accordance with the terms of this contract.

As used in this PWS, "records and data" mean: (1) any handwritten, typed, or printed documents (including, but not limited to, memoranda, letters, writings, books, brochures, transcripts, minutes, electronic transmissions, study findings, laboratory note books, chromatograms, spectra, and maps); (2) documentary material in other forms (such as punch cards, magnetic or paper tapes, instrumentation cards, computer discs, electronically stored information, audio or video recordings, motion pictures, photographs, slides, microfilm, and microfiche); (3) biological samples and pathology materials (pathology slides, paraffin blocks, and wet tissues); and (4) any patient/client data obtained from Tribes or Indian Health Service for the purpose of evaluation of the project.

Records and data may or may not constitute a specific deliverable defined under the terms of the contract.

F.8. RECORDS

The Contractor shall specifically destroy or return to IHS all data utilized in the evaluation of the project. The Contractor shall not use, retain, publish, or add the data to any other data it has collected at any time for any other purpose. The Contractor shall use only non-personally identifiable information in the evaluation of the project.

F.9. REPORTING

The Contractor shall follow the reporting plan submitted as part of the proposal and keep the Government fully informed of status throughout the contract period. Throughout the contract periods, it is essential that attention be given to minimize interruptions or delays to work in progress that would impact the mission.

The Contractor shall provide status reports to the COR to include but not be limited to expense variance to budget, logistical updates, attendee metrics, attendee training evaluations, project plan tracking, evaluation data, and other items as determined by the COR. The Contractor shall deliver status reports by email or postal service no less than every month but may be adjusted as determined necessary by the COR throughout the course of the project. Electronic reports shall be presented in Microsoft Office format and approved by the COR. The monthly status reports shall be discussed at the Start-Up meeting.

The Contractor shall provide to the COR, annual performance reports that include but are not limited to project plan status and accomplishments, fiscal accountability, evaluation data, sub- Contractor performance reports (if applicable) and a Contractor self-evaluation report. The Contractor shall provide a written outline of the annual report to the COR for approval according to the deliverable schedule. The annual reports shall be delivered by e-mail and postal service according to the deliverable schedule before the end of the contract period. The annual report shall be discussed at the Start-up meeting.

F.10. CONTRACTOR PAYMENT

If the Contractor fails to perform required services at the acceptable quality level, payment may be withheld until contractor makes corrections. If performance is below the government’s expectations, details will be recorded on "past performance report card." If performance is below standard for 2 quarters in a row, Government oversight or contractor reporting will be increased.

The COR is responsible for documenting and communicating performance deviations, corrective actions, and performance improvements to the PM, the Contracting Office, and the contractor.

F.11. DELIVERABLES

See PWS Section V.

a. Miscellaneous documents and written materials developed during the course of the contract period, whether in draft or final form, are deemed the property of the US Government.

b. The U.S. Government reserves the right to accept or reject services, if the level of work performance is unsatisfactory based on deliverables.

F.13. TRAVEL/TEMPORARY DUTY (TDY)

All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the by the Contracting Officer’s Representative (COR) or Program Manager. After approval, the Contractor shall make travel arrangements in accordance with the Federal Travel Regulations (FTR), and in accordance with the regulatory implementation of Public Law 99-234 and FAR 31.205-46 Travel Costs (subject to local policy & procedures; may reference FAR).

SECTION G – CONTRACT ADMINISTRATION

G.1. AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor’s responsibility for total management during the performance of this Contract, the administration of the Contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government’s points of contact during the performance of this Contract.

G.1.1. Contracting Officer (CO)

The IHS Contracting Officer is the only individual authorized to modify this Contract. The CO responsible for administrative and contractual issues concerning this Contract is:

Ralph Ketcher Nashville Area

All communications pertaining to contractual and/or administrative matters under the contract shall be sent to the address above and to the following Contract Specialist:

G.1.. Program Manager (PM)

To be disclosed upon award Phone:

Email:

G.1.4. Contracting Officer’s Representative (COR)

The name and address of the COR assigned to this project is:

To be disclosed upon award

Phone:

Email:

SIGNATURE BLOCK

I, the undersigned, do hereby attest that all representations and certifications made are true. Also, I, the undersigned, am aware of the penalties prescribed in 18 U.S. Code 1001 for making false statements in offers; and I am legally authorized to bind the company or organization represented.

(Signature) (Date)

(Typed or Printed Name)

(Title)

(Solicitation Number)

(Name of Company/Organization Represented)

(Address, including Zip Code)

(Telephone Number, including Area Code)

(E-mail Address)

(DUNS number if currently registered)