75H70724Q00010 TPSU Security Guard Non-Personal Services.pdf

75H70724Q00010, TPSU Security Guard Non-Personal Services

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SECTION 1 - SUPPLIES OR SERVICES AND PRICES/COSTS

1.1 SERVICES

1.1.1 The Indian Health Service (IHS)/Albuquerque Area Office, Taos-Picuris Service Unit has a requirement for Security Guard Non-Personal Services located in Taos, New Mexico.

1.2 PRICE OR COST

This SOLICITATION is issued with the quantities shown in the Schedule of Charges.

1.3 GENERAL CONTRACT INFORMATION

1.3.1 This is a non-personal health care service contract, as defined in Federal Acquisition Regulation (FAR) 37.401, under which the contractor is an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The contractor indemnifies the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. The contract must maintain medical liability insurance. Coverage amount acceptable to the Contracting Officer, which is not less than the amount normally prevailing within the local community for the medical specialty. The contract is required to ensure that its subcontract for provisions of health care services contain the requirement of the Clause 52.237-7, including the maintenance of medical liability insurance.

1.3.2 As an independent Contractor; billing and collecting for the federal, state and other local city/county taxes is the burden of the Contractor, this includes the New Mexico Gross Receipt Taxes (NMGRT) for services provided in any county of the State of New Mexico.

1.3.3 The Contractor's price/cost for services under this contract should include all applicable taxes for Internal Revenue Service (IRS), State of New Mexico Taxation and Revenue agency and/or other revenue agencies. The Indian Health Service will not withhold taxes nor will it issue a W-2 to the contractor.

1.3.4 FINGERPRINTING REQUIREMENTS FOR SECURITY AND SUITABILITY:

"Prior to start of services specified by the contract scope of work, the Contractor must contact Warren Cheromiah, at Telephone No. (505) 256-6749, AAO, Division of Contracts and Grants, to schedule an appointment to complete the fingerprinting process required by the IHS regulations pertinent to security and character background investigations."

1.4 CONTRACT PRICE

1.4.1 Upon delivery and acceptance of the item(s) specified in the DELIVERY Article in SECTION F of this contract, the Government shall pay to the Contractor resulting from the awarded contract price.

1.4.2 Upon delivery and acceptance the services described in the Statement of Work (SOW) and identified in the schedule of charges below, the Government shall pay to the Contractor the total prices set forth.

Profession # of Contractors Est Hours Each Per Year All Inclusive Hourly Rate

Base Year

Security Guard 1 2080

Option Year #1 $________

Option Year #2 $________

Option Year #3 $________

Option Year #4 $________

1.4.3 The Contractor shall be paid upon submission of an invoice and completion and acceptance (if deliverable) or verification (if service) by the Contracting Officer's Representative (COR), of the deliverables and/or services indicated below. Submit invoices in accordance with the instructions contained in FAR clause 52.232-25, Prompt Payment, and Section G.2 of this contract.

1.5 OPTION PRICES

1.5.1 Unless the Government exercises its option, pursuant to the option clause referenced in the Contract Clauses section, this contract consists only of the Base Period specified in this contract.

1.5.2 Pursuant to either the FAR Clause 52.217-8, Option to Extend Services or the FAR Clause 52.217-9, Option to Extend the Term of the Contract, set forth in Section I, Contract Clauses, of this contract, the Government may, a unilateral contract modification, require the Contractor to perform the Option Period(s) as defined in the SOW of this contract. A notice that the Government intends to exercise any of the options will happen prior to the contract’s expiration date. Specific information regarding the timeframe for this notice is set forth in the OPTION PROVISION of this order. When exercising an option period, the fixed price rate of this contract is set forth below.

1.5.3 Upon the delivery and acceptance of the Option Services described in the Statement of Work of the contract and identified in the schedule of charges below, the Government shall pay the Contractor the rate(s) set forth below and will be paid from the Contract Line Item Numbers.

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1.5.4 If the Government exercises its option pursuant to the OPTION PROVISION of this contract, the Government's total estimated contract amount, represented by the sum of the price of base plus option periods and the period of performance will be as follows:

1.5.5 Note: Unit price shall be an all-inclusive rate of all other fees including travel expenses, per diem, lodging all cities, state, federal, local taxes and miscellaneous cost associated with the above services.

1.5.6 Lunch break of 30 minutes is permitted (as non-paid) under the contract; the contractor cannot invoice time as worked if its’ employee chooses not to take a lunch break. The Contractor also cannot invoice travel times to/from the facility site as time worked.

SECTION 2 – DEFINITIONS:

2.1 Acceptance: As stated in FAR, subpart 46.5, Constitutes acknowledgement that the supplies or services conform to the applicable contract quality and quantity requirements and subject to other terms and conditions of the contract.

2.2 Approval: Acknowledgment by the designated Government official that submittals, deliverables, or administrative documents (e.g., insurance certificates, installation schedules, planned utility interruptions, etc.) conform to the contractual requirements. Government approval does not relieve the Contractor from responsibility for compliance with contract requirements.

2.3 Area: A defined geographical region for Indian Health Service administrative purposes. Each Area Office may administer several Service Units.

2.4 Blanket Purchase Agreement (BPA): is a simplified method of filling anticipated repetitive needs for supplies or services.

2.5 Business Associate (BA): Any company or person that shown to, handles, or works with the data or medical records of the medical entity.

2.6 Business Associate Agreement (BAA): A BAA is a contract between a HIPAA-covered entity and a HIPAA BA. The contract protects personal health information (PHI) in accordance with HIPAA guidelines.

2.7 Code of Ethics: The Revised American Nurses Association Code of Ethics and Standards of Practice and Care, published in 1996 by the American Nurses Association, which makes explicit primary goals, values and obligations of the nursing profession.

2.8 Contract: This is a legal binding document between the Government and the Contractor.

2.9 Contractor: The individual award a legal binding contract to provide supplies and services.

2.10 Contracting Officer (CO): A Government employee with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.11 Contracting Officer's Representative (COR): A federal employee who assists the CO in the administration of this contract. The COR is primarily responsible for the technical assistance and day-to-day program management.

2.12 Customer: Patients, staff and visitors of an IHS service unit and health center.

2.13 Customer Evaluation/Input: Written comments made to the COR regarding the Contractors performance. This is one of the criteria used to evaluate the Contractor's performance.

2.14 Federal Acquisition Regulation (FAR): The FAR is the primary regulation for use by all Federal Executive agencies in their acquisition of supplies and services with appropriated funds.

2.15 Health Clinics/Center: A facility physically separated from a hospital, with a full range of ambulatory services including at least primary care providers, nursing, laboratory, and x-ray, which are available at least 40 hours a week for outpatient care.

2.16 Indefinite Delivery/Indefinite Quantity: No set delivery time and no set quantity amount (used for recurring purchases with no set delivery time or quantity).

2.17 Non-Personal Health Care Services: A contract under which the personnel rendering the health care services are not subject, either by the contract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees, as defined in

FAR 37.401

2.18 Ordering Activity: An authorized user of IHS that may issue a SOLICITATION to obtain required services under this contract.

2.19 Orientation: An activity designed to provide basic familiarization of the facility and transition into the IHS Service Unit and/or Health Center.

2.20 Past Performance Information: Relevant information regarding a contractor's actions under previously awarded contracts.

2.21 Patient Outcome: End result of nursing care.

2.22 Performance Based Matrix: Lists the services and the standards to determine quality of performance.

2.23 Personal Protective Equipment (PPE): The equipment used to protect medical personnel from exposure to biological, chemical, and radioactive hazards.

2.24 Point of Contact: Person other than the COR or the Alternate COR

2.25 Quality Assurance Surveillance Plan (QASP): A written document prepared and used by the government for Quality Assurance surveillance of the contractor's performance.

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2.26 Service Unit: The local administrative unit of IHS.

2.27 Standards of Practice and Standards of Care: Authoritative statements by which it describes the responsibilities for which its practitioners are accountable.

2.28 Technical Direction: A directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor.

2.29 Valid Patient Complaint: Justifiable accusation made by a patient and supported by investigation.

2.30 Verifiable Emergency: An unexpected/unplanned absence by the contractor requiring valid documentation to confirm the occurrence.

SECTION 3 – GOVERNMENT-FURNISHED PROPERTY AND SERVICES:

3.1 The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245-1, Government Property (found in Section 3).

Item No

Property Description Property Value Qty. Location Date Available

1 Computer 1 Upon Arrival 2 Telephone 1 Upon Arrival 3 Desk/Chair 1 Upon Arrival 4 PIV Card 1 Upon Arrival 5 PPE Equipment Upon Arrival

3.2 Government Furnished Information / Property and Services

3.2.1 Information: Government unique information related to this requirement, which is necessary for Contractor performance, made available to the Contractor. The COR will be the point of contact for identification of any required information to be supplied by the Government.

3.2.2 Joint Use by the Government and the Contractor: Except for the property and service listed in 10.7.1, the Government will provide, for joint use by the Government and the Contractor, all necessary equipment, supplies, and clinic space to perform the services under this contract.

3.2.3 Contractor Exclusive Use:

3.2.3.1 Personal Protective Equipment (PPE): The Government will furnish the Contractor with appropriate PPE other than specified in the contract. The Government will be responsible for any repair, cleaning, and inventory required for the PPE. This does not include any type of uniform or laboratory coat.

3.2.3.2 The Government will provide facility specific contractor identification badges for each contractor. For lost or destroyed badges, there is a minimum charge of $20.00.

3.2.3.3 Training: Facility specific orientation/training necessary for the Contractor to perform the required duties, e.g., IHS information technology (IT) systems and operational procedures. Training provided ONLY if the subject matter is necessary to improve or enhance the quality of services or includes mandates made by the IHS Service Units/Health Centers while the providers are working under this contract. Training not provided for the purpose of continuing education, career development or individual development.

3.3 Contractor Furnished Property

3.3.1 Except for the property specified in paragraph 10.9.3 as government furnished, the Contractor shall provide all uniforms and other personal medical instruments subject to the following:

3.3.2 Uniforms and Lab Coats: Uniforms and Lab Coats must conform to the requirements of the Indian Health Service Manual, Part 3, and Chapter 4 and meet the approval of the Laboratory Department Supervisor.

3.3.3 Other personal medical instruments: "Other personal medical instruments" defined, as Contractor owned items include but not limited to stethoscope, scissors, as appropriate to the work unit. The Contractor must not use unsafe equipment or supplies at any time during performance of this contract. All Contractor furnished equipment and supplies shall be subject to inspection by the Government and must be approved by the COR prior to use by the Contractor. The Government reserves the right to prohibit the use of any materials, supplies, or equipment.

SECTION 4 - CONTRACTOR FURNISHED ITEMS

4.1 Except for the property specified in Section 10.7, Contractor will provide all other items as required to carry out the services.

SECTION 5 – STATEMENT OF WORK

5.1 Statement of Work

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• The Contractor shall provide security guard services to the Taos/Picuris Service Unit staff. IHS will provide Contractor any needed training on IHS regulations or procedures as needed.

• The Contractor shall be responsible for providing security, safety and protection services of personnel, patients and visitors, Government property, buildings, records, equipment and supplies against injury, theft and loss or damage.

• The security guard must shall be visible and available at all times during clinical hours to assist patients and visitors.

• The security guard shall ensure visitor badges are issued to contractors, monitor their whereabouts throughout the building, and ensure badges are returned after use to administration office.

• The security guard must exercise superior customer service when interacting with all TPSU patients and visitors throughout shift.

The security guard will greet patients/ visitors that enter the facility, and answer basic questions the patients may have (e.g., directions or hours of operation).

• Employees, patients and visitors shall be escorted to and from their vehicles after dark by the security guard if requested or deemed necessary.

• Guards shall enforce Federal Laws, and Administrative Rules and Regulations. Any unusual occurrences inside/ outside will be recorded in a Daily Guard Log, the contractor will provide daily log.

• The security guard shall make complete checks throughout the premises at least one time per hour, or whenever requested by TPSU management. The Contractor provides internal and/or external building security, patrols buildings and grounds, checks unauthorized or suspicious persons, reports any belligerent or intoxicated individuals to the Taos Pueblo Police if needed.

• The security guard shall practice de-escalation techniques when tense situations arise. The guard shall speak calmly to any individuals whom are agitated or problematic, maintain relaxed body language during encounter, and when necessary call for additional security staff or local law enforcement- Taos Pueblo Police, if the guard feels the individual or situation is escalating and violence may occur.

• During these checks, the security guard shall make sure all windows are locked, watch for smoke, fire and other unsafe situations throughout the facility.

• The security guard shall check all outdoor/indoor security lighting and parking lighting to ensure all are working properly, should some be out the guard shall immediately contact the COR, in turn he/she will contact Facilities/Maintenance Department.

• Enforces facility hours of operation, every Thursday TPSU clinic is closed to patients from 8 am to 1 pm for administrative purposes. If the patient has an appointment with Taos Pueblo Behavioral Health a tribal program, the patient may enter facility.

• Security guards shall also enforce clinic parking rules, monitors ambulance and employee/patient parking areas. The guard shall monitor all parking areas, to assure that authorized vehicles are parked in designated areas including Government vehicles listed:

o Handicapped patients/visitors with approved placard, spaces as marked.

o UPS, US mail, and any other deliveries to loading dock area located on the south side of facility. Patient pick-up at the front driveway.

o Garbage trucks, servicing large containers located on the south side of the facility.

o Laundry Service Vendor south loading dock.

o All TPSU employees parking at designated employee parking located on south, and east areas of facility.

• Security guards shall adhere to the TPSU safety policies and procedures, including all TPSU Emergency Response Codes. The guard must be educated on each Emergency Response Code procedure, so if such situation may occur the guard will carry out procedures effectively. The security guard shall actively engage and provide assistance in all emergency exercise drills TPSU may execute. In the event of fire, the guard shall proceed as directed by TPSU internal/external disaster plan.

• The Contractor Guard shall work independently without close supervision and makes independent decisions. Exercise initiative and sound judgment in the day-to-day operation of the facility. The Contractor shall be well poised, tactful, and diplomatic, have the ability to exercise good judgment under stress, present a professional manner, and be observant and alert to happenings within the facility.

• The Contractor Guard shall immediately report to the Chief Operating Officer and COR of any property damage, tampering, or graffiti of clinical buildings and/or grounds. A complete detailed written narrative or incident report will be completed and turned in to the COR and CEO for corrective action of incident.

• CONTRACTOR RESPONIBILITIES

o The Contractor must be currently qualified and licensed by the State of New Mexico as a private patrol operator and registered as such.

o Contractor shall provide and maintain qualified and competent security guards to provide all the necessary guard functions consistent with the industry standards and in accordance with the Scope of Work herein.

o The Contractor shall establish and maintain a complete schedule of personnel assigned to specific work hour shifts at the Taos Service Unit. The schedules shall be provided to the COR once each month on the first Monday of each month o All problems or incidents regarding security shall be relayed to the Chief Operating Officer, and the primary or alternate COR. Appointed guards shall obey and carry out policies, guidelines and directives, both written and verbal, as established by the Taos Indian Health Service.

o The Contractor shall be required to furnish a qualified back up security guard to cover shift(s) assigned including EMERGENCY situations.

o Notify the COR of newly assigned guard(s) and/or of any guard personnel changes.

o Shall furnish all necessary uniforms and supplies required in the delivery of services.

o The Contractor shall obtain and maintain confidence and respect of the people it serves, by the constant endeavor to perform these duties in an efficient, honest and professional manner and by exemplary conduct.

o The security guard must pass required background investigation.

• STANDARD FOR SECURITY GUARDS

o Education: Each guard under this contract must be able to read, write and speak the English language fluently and without impediment and be able to write legible and intelligible reports. The guard shall direct and help Native Americans, who do not speak or read English, for directions to certain areas and other facilities.

• TRAINING

SF-1449 continued, 7 of 27 o All security guard personnel shall be required to have basic knowledge and training in CPR, basic first aid techniques, fire extinguish use, report writing, and communicating with the general public. Personnel are to be trained in dealing with violent and abusive persons.

• WORK SCHEDULE

o The security guard post is located in the main entrance of the facility, Monday through Friday. The Contractor shall work up to 5 days a week (except Holidays and weekends) for 8 hours a day with one-hour unpaid lunch. Breaks will be determined by contractor.

o Schedule of Shifts: The Taos Service Unit will utilize one security guard, which will be stationed in facility and also serve as an outside grounds patroller. The guard will be detailed to the closing shift (0900-1800) which entails closing all interior doors, and locking main front entrance to facility prior to setting alarm and exiting facility. Performing a final grounds perimeter check, and close exterior gate at main road during exit at the end of each work day.

• Other types of Insurance Required o Pursuant to Section I, FAR 52-228-5, Insurance-Work on a Government Installation Jan 1997, the Contractor shall maintain the type of insurance coverage listed below:

Item# Type of Insurance Minimum Amount

1 Workmen’s Compensation and all occupational diseases As required by state law

2 Employer's Liability including all occupational diseases when not so covered in workmen's compensation above. $100,000.00

General Liability (Comprehensive) Bodily Injury per Occurrence $500,000.00

Automobile Liability (Comprehensive) Bodily Injury per person $200,000.00 Bodily Injury per occurrence $500,000.00 Property Damage per accident $20,000.00

5.2 Work Schedule:

• The Supervisor at each IHS facility shall determine specific tours of duty.

• Alternate work schedules are available to those contractors whom have arranged with the Supervisor in advance of on boarding or hiring.

• Work schedule is subject to change without prior notification and contractor is required to fill immediate needs and shall work 100% of the contracted hours.

• Work Flexibility. As directed by the Supervisor, the Contractor shall rotate into other duty sections as needed to support patient care.

Supervisor shall recognize contractor needs for rest and recuperation.

• The Contractor shall obtain approval of the department Supervisor or designee prior to any absence from work. If the length of the absence exceeds eight (8) work hours the Contractor shall request approval at least fifteen (15) days, (the exception is verifiable emergencies) in advance of the desired absence.

• Work Absence: The Contractor will perform and obtain approval from their agency who will inform the COR and/or Alternate COR prior to any absence from work. If the length of the absence exceeds working hours the Contractor must request from agency approval at least fifteen (15) days, (the exception is verifiable emergencies) in advance of the desired absence.

• The Contractor must perform and maintain documentation from a qualified health care provider for absences of three (3) or more consecutive days, due to illness, stating:

• The cause of the current illness or incapacitation AND

• Indicating the Contractor as contagious or non-contagious.

• Training: Not provided to Contractor employees. The only training provided to the Contractor employees will be in-house at ACL Service Unit.

5.3 Performance Evaluation:

• The Contractor’s performance will be evaluated in accordance with the standards set forth in the contract and Performance-based

Matrix of section 10.0.

• Substantiated reports written by any customer dealing with patient safety, infection control, or other procedure that adversely affects patient outcome constitutes a breach of contract.

5.4 The contractor will perform work with multicultural patients and interpreters as necessary for non-English speaking patients.

5.5 Conduct: The Contractor must perform standards as listed in the Federal Code of Conduct.

5.6 Conditions of Contract Services: All contractors providing service under this contract must attend mandatory orientations specified by the Service Unit.

5.6.1 The contractor must be subject to character investigation as required by Public Law 101-360, the Indian Health Child Protection and Family Violence Prevention Act prior to performance of a contract by utilizing the US Office of Personnel Management (OPM), Electronic Questionnaire for Investigation Processing (eQIP) system and this shall include all fingerprinting procedures and clearances. The contractor must provide all requested information necessary to perform Level I and Level II background checks. The contractor must comply with the requirement to obtain security investigations. The

SF-1449 continued, 8 of 27 contractor must work with the IHS to ensure that the pre-employment screening process includes the appropriate investigation questionnaires and forms to be completed. The contractor will review all completed forms and forward onto the Government personnel. The contractor will be immediately removed from the position (at any time the investigation receives unfavorable adjudication, or, if other unfavorable information that would affect the investigation becomes known.

5.6.2 Identification of Contractor: The Contractor must wear a government issued contractor identification badge during performance of duty. After 120 day’s PIV, cards issued at the Service Unit.

5.6.3 Management of Medical Information: The Contractor must manage all patient information in accordance with HIPAA standards, Privacy Act, and IHS Service Unit and/or Health Center specific policies and protocols. The Contractor must immediately report to the Contracting Officer or COR any information or circumstances that may violate any statute, policy, or procedure.

• Laboratory Records and Other Required Documentation: 100% percent of all laboratory records and other required documentation meets established IHS Medical Facility, Joint Commission, and CMS standards to include, but are not limited to, timeliness, legibility, accuracy, content, date, time, signature and designated profession. (Note: payment will be withheld for inaccurate or incomplete laboratory records per paragraph 10.0 of this performance work statement.)

• The Contractor shall ensure adherence to DHHS IT system security policies and procedures. The IT policies and procedures will be made available to the Contractor.

• The Contractor shall immediately report to the Contracting Officer or COR any information or circumstances that may violate any statute, policy, or procedure.

5.6.4 IHS Information Technology Systems: In performance of this contract, the Contractor must adapt to and successfully utilize IHS information technology systems such as Electronic Health Records (EHR) or RPMS, which the IHS has deemed necessary for acceptable contractor performance. The IT policies and procedures are available to the Contractor at the Service Unit and the Contractor will adhere to the IHS Information Technology System Security Policies and procedures.

The Contractor must follow all appropriate federal required information Technology security requirements and will be operating under Health Insurance Portability and Accountability (HIPAA) and Privacy Act regulations.

5.7. CONTRACTOR QUALIFICATION REQUIREMENTS:

• Be over twenty-one years of age.

• Have a valid motor vehicle operator’s license issued by the State of New Mexico.

• Native American preferable.

• Be well poised, alert, tactful and diplomatic and have the ability to exercise good judgment under stress.

• Ability to be firm in applying protective procedures, methods and techniques in a healthcare environment.

• Work in all assigned shifts without adverse problems to weather, a healthcare environment and working alone; days, evenings and nights.

5.7.2 Motor Vehicle Operator's License: Contractors will not operate any Government-Owned vehicles. If required to provide health care services, they are allowed only as passengers in the Government-Owned Vehicle driven by a Federal employee.

5.7.3 Health Requirements of Contracted Healthcare Providers: Furnish documentation that reflects immunity for the indicated vaccine preventable diseases through documented disease, vaccination history, serology results, and/or any documented episodes of adverse events after vaccination. Any contractor’s employee who is allergic to a component of a vaccine and/or have a history of a severe reaction to a vaccine is not required to receive that vaccine with documented proof of contraindication to the vaccination. The following are additional requirements for specific vaccine preventable diseases.

• Measles:

- Vaccinations with 2 doses of live measles or MMR vaccines administered at least 28 days apart,

- Laboratory evidence of immunity,

- Laboratory confirmation of disease, or

- Birth before 1957.

• Mumps:

- Vaccinations with 2 doses of live mumps or MMR vaccines administered at least 28 days apart,

- Laboratory evidence of immunity,

- Laboratory confirmation of disease, or

- Birth before 1957.

• Rubella:

- Vaccinations with 1 dose of live rubella or MMR vaccines administered at least 28 days apart,

- Laboratory evidence of immunity,

- Laboratory confirmation of disease, or

- Birth before 1957

• Hepatitis B:

- Vaccinations with three doses of Hepatitis B vaccines, or

- signed declination of Hepatitis B vaccination series.

• Varicella:

- Vaccinations with two doses of varicella at least 4 weeks apart,

- Laboratory evidence of immunity or confirmation of disease,

- Diagnosis or verification of history of varicella disease by a health care provider, or

- Diagnosis or verification of a history of herpes zoster by a health care provider.

• Influenza:

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- Vaccination with one dose of current annual influenza season vaccine.

- Documented proof of the contraindication to the influenza vaccination as outlined by Advisory Committee on

Immunization Practices recommendations, or

- Written statement justifying religious exemption from influenza vaccination.

Note: unvaccinated contract staff with an approved medical or religious exemption must wear an IHS-provided surgical or similar mask when working in patient care areas or other areas frequented by patients in an IHS facility during the influenza season.

• Pertussis -Vaccination with one dose of Tdap vaccine.

• Any additional immunization in accordance with IHS Immunization Policy that is available upon request.

The contract staff must have written documentation of TB test (TST or IGRA) within the last 12 months. If documented Positive TB test:

- Provide chest x-ray report of “No active TB disease” following positive TB test.

- Annual sign and symptoms screen:

• If negative sign and symptom screen, follow up chest x-ray not indicated.

• If signs and symptoms screen positive, contract staff must have written documentation of chest x-ray and health care provider evaluation.

For credentialed provider contract staff they must have documentation from the provider’s physician or chief of staff that confirms they do not have any health problems (including disability, emotional stability, drug, or alcohol dependency) that might impair his/her ability to care for patient at time of application.

5.7.6 Criminal History Background Check:

Contractor’s employees whose duties and responsibilities involve regular contact or control over children are subject to a character investigation as required by Public Law 101-630, The Indian Child Protection and Family Violence Act. The minimum standards of character shall ensure that none of the individuals described in this order have been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious offense, or any of two or more misdemeanor offenses, under federal, state, or tribal law involving crimes of violence; sexual assault, molestation, exploitation, contact or prostitution;

crimes against persons; or offenses committed against children. These crimes do not hold a time statue and will be evaluated the same under any Child Care “CNACI” investigation with IHS. IHS will conduct these investigations following award of a contract. Until the character investigation has been completed and the Contracting Officer notified of the results, the Contractor‘s employees must not have unsupervised contact with Indian children. Contractor’s employees are not able to work a scheduled shift until the security check is performed and clearance has been obtained by the appropriate agency.

At a minimum, fingerprints are required, and upon clearance of this stage, a contractor’s employee may work a scheduled shift. However, Contractor’s employees are required to complete the detailed background application and the application is to be completed within 30 days once the contractor’s employee has been given physical and logical access. All Contractors’ employees are subject to criminal background check prior to performing services in accordance with SOLICITATION terms and conditions. The contractor shall ensure that each of their employees complete the Certification of Criminal History and Background Check Packet. The completed forms are to be returned to the COR. Additional Background Check packets can be obtained through the COR. See HHSAR Clauses 352.237-72 and 352.237-73.

5.7.7 Required Training: Protecting Children from Sexual Abuse as stated in IHM Circular 19-05: Contractor Training Plan for Implementation of Indian Health Manual Part 3, Chapter 20, Protecting Children from Sexual Abuse by Health Care Providers. Each provider must take this training within 30 days from their start date at the service unit. Certificate should be provided to the COR.

5.7.8 Subpoenas/Testimonies: Contractors are mandated to cooperate with the appropriate IHS managers when the contractors' employees are subpoenaed or requested by Tribal, State or Federal Parties to provide testimony as stated in Section 5-27.3(B)(9) of the Indian Health Manual.

5.8 Challenges to Conflicts: For any inconsistency between COR and Contractor's employee, the employee should contact their agency. If this situation needs further remedies, then the Contractor will contact the COR

5.9 When the Contractor demonstrates impaired judgement, they cannot continue working on the SOLICITATION. The Government reserves the right to remove from the facility any Contractor employee who in the judgment of a licensed healthcare practitioner is impaired.

5.10 APPLICABLE DOCUMENTS:

• Business Associate Agreement

• OF 306 – Addendum to Declaration for Federal Employment – Indian Health Service Child Care & Indian Child Care Work Positions

SECTION 6 0 QUALITY ASSURANCE SURVEILLANCE PLAN

(intentionally left blank)

SECTION 7 - PACKAGING AND MARKING

7.1 PACKAGING

All deliverables shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier including which is necessary to prevent deterioration and damages due to the hazards of shipping, handling, and storing.

7.2 MARKING

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Each package/container shall be clearly marked as follows:

• Name of Contractor

• Contract Number

• Description of Items Contained Therein

• Consignee's Name and Address

7.3 DELIVERY

All deliverables delivered to the following addresses:

Taos-Picuris Service Unit 1090 Goat Springs Road Taos, New Mexico 87571

SECTION 8 - INSPECTION AND ACCEPTANCE

8.1 INSPECTION AND ACCEPTANCE: All work under this contract is subject to inspection and final acceptance by the Contracting

Officer or the duly authorized representative of the government. The 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.

8.2 FEDERAL ACQUISITION REGULATION {48 CFR CHAPTER 1) CLAUSES

FAR Clause No. Title Date 52.246-4 Inspection of Services – Fixed Priced (Aug 1996)

SECTION 9 - DELIVERIES OR PERFORMANCE

9.1 PERIOD OF PERFORMANCE: The period of performance will be for one base year with 4 one-year option periods for renewal.

9.1.1 Services under this contract shall commence NLT 10 days after all clearances occur.

9.1.2 Total contract award must not exceed 5 years.

9.2 PLACE OF PERFORMANCE: The contractor will provide non-personal healthcare services to the following Albuquerque Area Indian

Health Service Facility:

Taos-Picuris Service Unit 1090 Goat Springs Road Taos, New Mexico 87571

9.3 Travel to and from the facility/office site are not included in the tour of duty. See Section 5.2 for shift hours.

9.4 GOVERNMENT HOLIDAYS (https://www.federalpay.org/holidays)

New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day *Any other day specifically declared by the President of the United States to be a national holiday (see www.opm.gov/fedhol).

SECTION 10 - CONTRACT ADMINISTRATION

10.1 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.

10.2 CONTRACTING OFFICER

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

Eric Wright, Contract Specialist (CS) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110 Phone: 505-256-6752 Email: eric.wright@ihs.gov

Send all communications pertaining to contractual and/or administrative matters to the address above and to the Contract Specialist administering this Contract.

10.3 CONTRACT ADMINISTRATOR

· All Contract administration performed by:

Eric Wright, Contract Specialist (CS) Indian Health Service/Division of Contracts & Grants Management (DCGM) 4101 Indian School Road NE, Suite 225 Albuquerque, NM 87110 Phone: 505-256-6752 Email: eric.wright@ihs.gov

10.4 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

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10.4.1 Travis Snyder, 575-758-6963, is hereby designated as the COR for this service. The COR responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.

10.4.2 The COR will ensuring contractor accountability. Monitoring the Contractor’s technical progress including the surveillance and assessment of performance and recommending to the CO changes in requirements. Interpreting the SOW. Performing technical evaluations as required. Perform technical inspection and acceptance as required. Assisting the Contractor in the resolution of technical problems encountered during performance. Perform receiving and processing invoices for payment.

10.5 TECHNICAL MONITORING

(a) Performance of work under this contract must be subject to the technical direction of the COR identified above, or an Alternate

COR designated in writing. The term "technical direction" includes, without limitation, direction to the Contractor that directs or redirects the labor effort. Shifts the work between work areas or locations, fills in details and otherwise serves to ensure that task areas outlined in the SOW accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/work statement. The COR does not have authority to issue technical direction that

(1) Constitutes a change of assignment or additional work outside the specification(s)/ statement of work;

(2) Constitutes a change as defined in the clause entitled "Changes;"

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the Contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(c) Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(d) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, or his designee, falls within the limitations in (b), above, the Contractor shall immediately notify the CO no later than the beginning of the next Government work day.

(e) Failure of the Contractor and the CO to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes" (FAR 52.233-1, Disputes).

10.6 INVOICE SUBMISSION

10.6.1 The Contractor shall submit invoices once per month. Electronically sent via e-mail complete invoice with all required documentation to:

10.6.1.1 Contracting Officer's Representative (COR): Travis Snyder, travis.snyder@ihs.gov

10.6.1.2 IPP: https://www.ipp.gov

* Please do not sent to the CS or Finance Office any other invoice related documents such as deliverables, reports or balance statements). Failure to submit required documents directly to the offices listed above will delay prompt payment of your invoice.

10.6.2 For invoices submitted by email, the subject line of your email invoice submission shall contain the Contractor's name, UEI and TIN numbers, contract number, and invoice. The Contractor shall send one email per contract monthly. The email may have multiple invoices for the contract. Invoices accepted in one of these formats: PDF, TIFF, or Word only (no Excel formats). The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF, TIFF, or Word).

10.6.3 Submit invoices in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

10.6.4 All information set forth in FAR Clause 52.212-4(g), Invoice, must be included in all invoices for it to constitute a proper invoice.

FAR 52.212-4(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable SOLICITATION provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds mailto:travis.snyder@ihs.gov https://www.ipp.gov/

SF-1449 continued, 12 of 27

Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and

Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

10.6.5 In accordance with OMB Memorandum, M-11-32; Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. For a small business contractor not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as "Small Business."

10.6.6 Additionally, in accordance with OMB Memorandum, M-12-16, fill prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMS Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

10.6.7 In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this contract will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration.

10.6.8 Failure to submit directly to the offices listed above will delay prompt payment of your invoice.

10.6.9 Request for Taxpayer Identification Number and Certification A form W-9 shall be submitted to the Albuquerque Area Indian Health Service Division of Accounting Services by either of the following:

1. Encrypted Email: ALB_AOAPinvoices@ihs.gov or

2. Secure Fax: (505) 256-6851 Failure to submit the required form W-9 to the office(s) listed above will delay issuance of the IRS 1099 Form.

SECTION 11 - SPECIAL CONTRACT REQUIREMENTS

11.1 CONTRACTOR PERFORMANCE EVALUATION REPORT

11.1.1 During the duration of this contract, the contractor's performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. Evaluation will become part of the contract file and will be used as past performance information in evaluating the Contractor's, and any significant subcontractors or affiliates, past performance on future contracts.

11.1.2 Contractor Performance Assessment Report System (CPARS) is an on-line reporting system https://www.cpars.gov/. The Contractor Performance Report is completed by the COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the Contracting Officer, the report becomes a permanent record of the Contractor's past performance.

11.2 SECURITY

a. To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to HHS-controlled facilities, and/or access to HHS information systems. The Government has determined the position sensitivity under this effort to be Level 1.

b. To gain access to the sensitive data, HHS-controlled facilities, and/or HHS information systems, the Contractor shall comply with Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors, and with the personal identity verification and investigation procedures obtained in:

(i) HHS Information Security Program Policy, http://www.hhs.gov/ocio/securityprivacy/

(ii) HHS Office of Security and Drug Testing, personnel Security/Suitability Handbook, http://www.hhs.gov/ocio/policy/hhs-ocio-

2011-0003.html

(iii) Reserved

(iv) HHS HSPD-12 Implementation Policy (draft)

c. The minimum Government investigation for a non-critical sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person's background during the past five years.

Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. More restricted positions, above non-sensitive, require more extensive documentation and investigation.

d. Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.

e. Typically, the Government investigates personnel at no cost to the Contractor, but the expense of multiple investigations for the same position is difficult to justify. Consequently, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the Contract price of no more than the cost of the extra investigation(s).

f. Language similar to this Security section…