ARFQ WEH2500000001 Specifications Physician Services Emergency Department.docx
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- Attached to
- Cancellation PHYSICIAN SERVICES (ED)
- Solicitation number
- ARFQ 0512 WEH2500000001 2
- Issued by
- Marshall County, West Virginia
About this file
This specifications document is issued by the West Virginia Office of Shared Administration (WVOSA) Purchasing Division on behalf of the Department of Health Facilities for Welch Community Hospital to establish an open-end service contract for Emergency Department physician staffing services. The solicitation seeks qualified physicians to provide 24-hour, 365-day coverage with a minimum of one physician on duty at all times. Physicians must maintain current Drug Enforcement Agency (DEA) numbers, valid American Heart Association Cardiopulmonary Resuscitation cards, and appropriate certifications including Basic Life Support (BLS), Advanced Cardiac Life Support (ACLS), Pediatric Advanced Life Support (PALS), Neonatal Response Program (NRP), and Advanced Trauma Life Support (ATLS). The contract requires monthly physician schedules to be submitted no later than the 15th of the preceding month, with physicians limited to 12 consecutive hours per shift except in emergencies with hospital approval. The vendor must ensure all physicians comply with electronic medical record (EMR) systems, complete computerized provider order entry (CPOE), and actively participate in hospital medical staff meetings and leadership roles.
Pricing will be submitted on a Pricing Page based on an hourly rate not to exceed 24 hours per day, with the contract awarded to the lowest grand total cost responsive bid. The vendor must accept the State of West Virginia VISA purchasing card for payment and submit invoices monthly in arrears by the 15th of each month with detailed documentation and physician time records. The contract is partially funded with federal funds, requiring compliance with all federally funded procurement provisions, and the vendor must acknowledge the Health Insurance Portability and Accountability Act (HIPAA) Business Associate Addendum. The vendor is responsible for all staffing costs, physician compensation, sick and annual leave coverage, background checks, and licensing fees, while the hospital retains the right to approve or reject any proposed provider at any time. The contract includes provisions for immediate termination upon license suspension, criminal conviction, loss of DEA privileges, or failure to maintain active hospital privileges, and requires the vendor to maintain a non-compete clause prohibition and ensure compliance with the Stark Law and anti-dumping legislation.
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Physician Services (Emergency Department Physicians)
ARFQ WEH2500000001
SPECIFICATIONS
1. PURPOSE AND SCOPE: The West Virginia Office of Shared Administration (WVOSA), Purchasing Division is soliciting bids on behalf of the Department of Health Facilities, Welch Community Hospital to establish an open-end service contract to supply staffing of specialty services in the area of Emergency Department physician services to Hospital’s patients.
NOTE: This request is covered in part or in whole by federal funds. All bidders will be required to acknowledge and adhere to the attached Provisions Required for Federally Funded Procurements.
NOTE: The WVOSA has developed an EEOP Utilization Report and it is available at: http://www.wvdhhr.org/pdfs/H1.5%20Utilization%20Report%20and%20EEO%20policy.pdf
NOTE: The Health Insurance Portability and Accountability Act of 1996 (hereafter, HIPAA) Business Associate Addendum (“Addendum”) is made a part of the Agreement by and between the West Virginia Department of Health Facilities (DHF), Welch Community Hospital (Agency), and Business Associate (Vendor) and is effective as of the date of execution of the Addendum.
2. DEFINITIONS: The terms listed below shall have the meanings assigned to them below. Additional definitions can be found in Section 2 of the General Terms and Conditions.
2.1 “Contract Services” means physician services contract for specialty services in the area of Emergency Department services to Hospital’s patients as more fully described in these specifications.
2.2 “Pricing Page” means the pages contained wvOASIS or attached hereto as Exhibit A, upon which Vendor should list its proposed price for the Contract Services.
2.3 “Solicitation” means the official notice of an opportunity to supply the State with goods or services.
2.4 “Allied Health Professional” (AHP) means Vendor supplied health professional who performs diagnostic procedures, provides therapeutic services and patient care as part of a caregiving team.
3. QUALIFICATIONS: Vendor, or Vendor’s staff if requirements are inherently limited to individuals rather than corporate entities, shall have the following minimum qualifications:
3.1. Vendor shall provide physicians who are qualified, professional, competent, duly licensed, and who have a current Drug Enforcement Agency (DEA) number.
3.2. Vendor’s physicians are required to have and maintain a valid and current American Heart Association Cardiopulmonary Resuscitation Card (CPR).
3.3. Vendor’s physicians will have a background check done by Vendor.
3.4. The Vendor will ensure that appropriate releases are signed by the physician to release the background checks to the Hospital.
3.5. The Vendor will ensure that the Vendor shall provide Medicare numbers, Medicaid numbers, Unique Physician Identification Number (UPIN) numbers, and all licenses required by Vendor, its agents, and employees.
4. MANDATORY REQUIREMENTS:
4.1 Mandatory Contract Services Requirements and Deliverables: Contract Services must meet or exceed the mandatory requirements listed below.
4.1.1. Vendor Responsibilities
4.1.1.1. General Service Requirements: Vendor shall recruit, supervise and compensate physicians, pursuant to the terms of this contract, to meet the coverage needs of Welch Community Hospital for the services set forth more specifically below.
4.1.1.1.1. Physician monthly schedules shall be released to Hospital Administration no later than the 15th day of the preceding month. It shall be the Vendor’s continuous responsibility to monitor the service requirements and to adjust coverage accordingly. At all times, the duty to manage the Hospital and its clinics and departments shall remain with the Hospital administrator and OHF. References herein to Hospital decision-making shall refer only to the Hospital Administrator, DHF Chief Operating Officer and/or the Secretary of DHF.
4.1.1.1.2. The Vendor’s medical staff must provide service to all patients who present themselves to emergency department regardless of their ability to pay for treatment and services.
4.1.1.1.3. The Vendor shall require its physicians to actively participate in the Hospital’s medical staff meetings.
4.1.1.2. The Hospital utilizes an electronic medical record (EMR) in all areas of patient care. The EMR is designed to provide a higher level of patient safety and is not designed to save providers time or effort. This system requires the Vendor to utilize providers that can and are willing to type orders and use computer keyboards and mouse and other technology to input virtually all documentation into the EMR system. This must be done through keyboard typing and point and click mouse input. Oral dictation and/or hand-written notes of daily patient progress notes, clinic visits reports and routine patient encounters shall not be the normal method of documentation. It is expected that the Vendor shall employ providers that are always capable, willing, and prepared to function in this electronic, computerized environment. Computerized Provider Order Entry (CPOE) will be used on all orders unless they are telephone orders.
4.1.1.3. The Vendor and their physicians shall cooperate with the Utilization Review staff to assure appropriate documentation and actions are taken related to admissions and discharges. Vendor shall adhere to and follow the Utilization Plan and the Utilization Review Code of Participation for this Hospital.
4.1.1.4. The Vendor shall require all physicians to wear a Welch Community Hospital Photo Identification (ID) Badge. The photo ID Badges will be provided to each physician by the Hospital. Agency Photo ID Badges are to be worn above the waist at chest height using the badge clip, and without lanyards.
4.1.1.5. The Vendor shall only employ providers that comply with: The Value Based Purchasing requirements set forth by CMS (Centers for Medicare and Medicaid Services). Compliance includes meeting and/or exceeding the national benchmarks issued by CMS for all process of care measures (Core Measures); and CMS’s Promoting Interoperability (PI) Program requirements as they relate to provider use of the Electronic Health Record (EHR). This includes, but is not limited to, meeting the thresholds issued by CMS for Computerized Provider Order Entry (CPOE) and the requirements issued by CMS for the Readmission Reduction Program and electronic prescribing (eRx); as well as the detailed documentation requirements necessary for the coding and billing of ICD-10 codes. Physicians identified as not meeting these requirements shall not be assigned to the Hospital without an active, Hospital approved Plan of Correction (POC) in place. All POCs shall include target dates of completion.
Note: The Value Based Purchasing requirements set forth by CMS (Centers for Medicare and Medicaid Services) is available at https://www.cms.gov/medicare/quality/initiatives/hospital-quality-initiative/hospital-value-based-purchasing.
4.1.1.6. Continuity of Services: This contract is intended to provide continuity of physician services and the management thereof on a continuous basis. In the event of termination of the contract by Vendor, Vendor must assume the continuity of health care services at a level consistent with the terms of the contract for a period not to exceed twelve (12) months from the notice of termination or until such time as Agency can provide an alternative Vendor.
4.1.2. Emergency Services:
4.1.2.1. Emergency Department (ED): The Vendor shall staff the Emergency Department with no less than one qualified physician, 365 days per year, 24 hours per day, 7 days per week. Vendor shall not schedule physicians who otherwise work at the Hospital to work in the Emergency Department.
4.1.2.2. All Emergency Department physicians must be proficient in Certifications (Basic Life Support [BLS], Advanced Cardiac Life Support [ACLS], Pediatric Advanced Life Support [PALS], Neonatal Response Program [NRP] and Advanced Training Life Support [ATLS] and the Vendor shall work with the Hospital to obtain and maintain a Level IV Trauma Designation.
4.1.2.3. The Vendor shall not schedule physicians to routinely work more than 12 consecutive hours in any single day. Should it be necessary to schedule physicians more than 12 hours per shift more than twice during any 14-day period, the Vendor must notify the Hospital as soon as possible and preferably in advance. Scheduling any shift(s) in excess of twelve hours must be approved by the Hospital in advance except in emergency situations in which an administrator cannot be contacted.
4.1.2.4. The Vendor shall not allow medical providers to sleep while working at the Hospital, in any capacity. Exceptions shall be made only during emergency situations and must include the approval of the Hospital Administration.
4.1.2.5. It is the intent of the Hospital to provide Emergency Department care to all patients, as quickly as possible. To achieve this, it is the goal of the Hospital that all incoming patients be triaged for care within five minutes of arrival to the Hospital; to be admitted to ED services and treatment begun within thirty minutes. The Hospital expects that these goals shall be met by the Hospital staff and the Vendor. Any time the monthly average fails to achieve either or both goals, the Vendor and the Hospital staff shall provide suggestions, in writing, to the Hospital administrator to identify and correct the problem.
4.1.2.6. It is the intent of the Hospital to minimize the number of patients that elope and/or sign out Against Medical Advice (AMA). Inasmuch, the National Average of elopements and AMAs for Emergency Departments is 2% and it is the expectation that the Vendor shall meet or exceed this, as well. The Hospital expects that these goals shall be met by the Vendor. Any time the monthly average fails to achieve either or both goals, the Vendor shall provide a plan, in writing, to the Hospital to identify and correct the problem.
4.1.2.7. It is the intent of the Hospital that all patients be treated and dispositioned in a timely manner. All patients exceeding 4 hours in the Emergency Room shall have chart review and explanation by the Physician Director provided in writing to the Director of Quality Assurance to be discussed in the monthly Physician Quality Assurance Committee meeting.
4.1.2.8. Emergencies Outside of Emergency Department: The Vendor’s physicians shall be available to attend in-house emergencies until such time as the attending or on-call physician is available.
4.1.2.9. Department Staffing: The successful Vendor will provide a detailed staffing plan for the Emergency Department coverage. The staffing plan must indicate the number of positions/health care physicians proposed to meet Emergency Department service requirements.
4.1.2.10. Performance Improvement: The successful Vendor will develop a program with productivity measures and quality assurance indicators whereby the Agency can judge Vendor’s provision of medical services to the community. The Vendor’s final program will be approved by the Agency. A draft plan that outlines the Vendor’s program must be provided upon request after the award of the contract.
4.1.2.11. Sick and Annual Leave: WVDHF will not be responsible for Vendor’s health care physician’s sick and annual leave. When the Vendor’s physicians take sick, annual or other paid or unpaid leave, Vendor shall be responsible for providing appropriate coverage for the Emergency Department.
4.1.2.12. Scheduling: Each health care provider shall be assigned to his/her area without overlap of time or responsibilities.
4.1.2.13. Medical Staff Participants: Vendor’s physicians will actively participate in Hospital leadership roles such as the medical directorship, peer review and community work. Vendor’s physicians will participate in the medical staff organization as described in the Hospital’s Medical Staff By-Laws and as developed by the Agency. Vendor’s physicians will provide consultation as requested by the other members of the medical staff.
4.1.2.14. Professional Practice:
4.1.2.14.1. At all times the Vendor shall provide physicians who are qualified, professional, competent, and duly licensed. Physicians must have a current DEA number.
4.1.2.14.2. Vendor shall provide Medicare numbers, Medicaid numbers, UPIN numbers, and all licenses normally required by Vendor, its agents, and employees.
4.1.2.14.3. The Vendor will ensure physicians apply and receive appointments to the facility’s medical staff and obtain clinical privileges.
4.1.2.14.4. Physicians must participate in regular medical staff activities and responsibilities including teaching.
4.1.2.14.5. Physicians must complete medical records in a timely manner in compliance with regulations as established by third party reimbursement organizations and the Hospital’s Medical Staff By-Laws.
4.1.2.14.6. The Vendor will be responsible for notifying the Hospital of any physician whose credentials at any time are not in compliance with this section.
4.1.2.14.7. The Vendor must provide the Hospital with a current list of physicians that will be providing services in the Emergency Department as well as timely notice to the Hospital of any change in physicians within the department.
4.1.2.14.8. The Hospital reserves the right to approve or reject, at any time, any health care provider proposed by Vendor.
4.1.2.15. Accreditation and Licensure: Vendor and its physicians will assist the Hospital in its efforts to obtain and maintain all proper licenses, certification and accreditation by the Health Care Authority/Office of Health Facilities Licensure and Certification (HCA/OHFLAC). The Vendor will have available upon request a model of health care provider protocols that assures compliance with standards by CMS (Centers for Medicare and Medicaid Services) and HCA/OHFLAC.
4.1.2.16. Patient Referrals:
4.1.2.16.1. To assure continuation of this Hospital’s ability to provide sub-specialty services, the Vendor’s physicians will, when medically and legally appropriate, refer patients to other physicians practicing at Welch Community Hospital.
4.1.2.16.2. Vendor’s physicians will make every effort to make appropriate referrals of patients for in-patient care at the Hospital.
4.1.2.16.3. Vendor will assure its physicians do not violate Section 1877 of the Social Security Act and any accompanying current and future regulations to Section 1877 of this Act (more commonly known as the “Stark Law”). https://www.ssa.gov/OP_Home/ssact/title18/1877.htm
4.1.2.16.4. Vendor agrees to indemnify and hold harmless State and DHF for its health care provider’s violations of the Stark Law(s).
4.1.2.17. Medical Records:
4.1.2.17.1. The Vendor shall abide by Federal, State, DHF and Hospital laws and guidelines for records privacy, retention and security.
4.1.2.18. Patient Grievances: Vendor must maintain and agree to provide a policy with step-by-step description of handling patient complaints regarding services provided by and conduct of its physicians. A copy of this policy should accompany the bid and must be provided upon request.
4.1.2.19. Anti-dumping Legislation:
4.1.2.19.1. Vendor’s health care physicians/physicians must comply with anti-dumping laws involving the proper receipt, discharge and transfer of patients.
4.1.2.19.2. Vendor’s physicians shall be trained on the necessary receipt, discharge and discharge information to be completed and maintained. This training will be provided annually by the Vendor to his physicians and documentation of such will be provided to the Hospital.
4.1.2.20. Non-competition clause: An underlying DHF objective in providing quality health care services is to promote the ability of patients to develop on-going, long-term relationships with their health care provider; any contract between Vendor and its physicians shall not include a non-competition clause enforceable against the health care provider. This provision is adopted to ensure that a health care provider is not forced to leave his/her patients should they decide to leave the Vendor’s employ or because Vendor’s contract with the State and DHF is terminated or not renewed.
4.1.2.21. Suspension or Termination of Health Care Provider: Vendor’s physicians’ participation may be suspended or terminated by Agency for any of the following reasons: (1) suspension or revocation of the license authorizing the provision of services; (2) a conviction of a criminal charge; (3) failure to obtain and maintain active privileges at the Hospital; or (4) suspension or revocation of the health care provider’s DEA number and/or DEA privileges; or (5) as otherwise provided for herein below.
4.1.2.21.1. Agency CEO shall report in writing to Vendor situations and actions involving Vendor’s physicians with Agency regards as evidencing substandard care, conduct or poor customer service which are otherwise not in the best interest of patients or Agency. Any issues of behavior or competence will be addressed by the Medical Director. The Providers/AHPs shall be subject to limitation or termination of their ability to function at the Hospital at any time at the discretion of the CEO. Vendor should provide an acknowledgement signed by each provider that he or she is aware of contractual agreement with Agency.
4.1.2.21.2. Notwithstanding the foregoing, Agency CEO may immediately suspend a health care provider’s privilege when, in Agency CEO’s opinion, there is a clear endangerment of employee or patient health, welfare or safety. Such suspension shall continue until Vendor’s recommendations are made to Agency CEO. If the Agency CEO does not agree with the recommendations and actions taken by Vendor, Agency CEO may elect to utilize the termination provisions contained herein.
4.1.2.21.3. Agency CEO may report in writing to Vendor services provided which, in Agency’s opinion, are inappropriate or excessive. Vendor may, within fifteen (15) days from the date of such notification, implement appropriate methods and measures to address the issues. Agency CEO shall also recommend the suspension or termination of a health care provider whom Agency CEO believes is engaging in inappropriate or excessive utilization of services or resources, from participation under any contract although the final determination of suspension or termination shall rest with Vendor. Should the Vendor elect not to act on Agency CEO’s recommendations or opinions or take action inconsistent with Agency CEO’s recommendations within fifteen (15) days, Agency CEO may elect to utilize the termination provisions contained herein.
4.1.3. GENERAL TERMS AND CONDITIONS:
4.1.3.1. Prohibition Against Gratuities: Vendor warrants that it has not employed any company or person other than a bona fide employee working solely for Vendor or a company regularly employed as its marketing agent to solicit or secure the contract and that it has not paid or agreed to pay any company any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon the contact. For breach or violation of this warranty, the State shall have the right to annul any subsequent contract without liability at its discretion, and/or to pursue any other remedies available under this contract or by law.
4.1.3.2. Certifications Related to Lobbying: Vendor certifies that no federal appropriated funds have been paid or will be paid, by or on behalf of the company or an employee thereof, to any person for purposes of influencing or attempting to influence an officer or employee of any federal entity, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement.
4.1.3.3. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Vendor shall complete and submit a disclosure form to report the lobbying.
4.1.3.4. Vendor agrees that this language of certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of the fact upon which reliance was placed when this contract was made and entered into.
4.1.3.5. Contract Provisions: A purchase order will be executed between the Agency and Vendor. The order of precedence is the contract, specifications, terms and conditions, bid requirements, any addenda, and the Vendor’s bid.
4.1.3.6. Governing Law: This contract shall be governed by the laws of the State of West Virginia. Vendor further agrees to comply with the Civil Rights Act of 1964 and all other applicable Federal, State and Local Government rules, regulations and policies.
4.1.3.7. Compliance with Laws and Regulations: Vendor shall procure all necessary permits and licenses to comply with all applicable laws, Federal, State or Municipal Laws, regulations, policies and ordinances to include but not limited to the following:
4.1.3.7.1. The Vendor shall procure all necessary permits and licenses and abide by all applicable laws, regulations, rules, policies and ordinances relating to licensure and regulation of physicians, other physicians and Hospitals. All standards of medical practice and professional duties of Vendor and its employees shall be determined in accordance with the Hospital’s Medical Staff By-Laws.
4.1.3.7.2. The Vendor shall agree to provide an annual attestation that it bills in accordance with Medicare and Medicaid laws.
4.1.3.7.3. Vendor shall produce a copy of its corporate compliance program relating thereto upon request.
4.1.3.8. Subcontracts/Joint Ventures: The State and DHF will consider Vendor to be the sole point of contact regarding all contractual matters. The Vendor may, with the prior written consent of the State and DHF, enter into written subcontracts for performance of work.
4.1.3.8.1. The Vendor will complete the billing for all Emergency Department professional fees. Vendor’s physicians shall agree to accept all patients regardless of their ability to pay and to bill indigent patients in accordance with the Hospital’s Patient Account Management Policy 3501 http://intranet.wvdhhr.org/Policies/3501%20BHHF%20Accounts%20Receivable.pdf#search=%22policy3501%22. Should any changes occur to this policy during the life of the contract and any subsequent renewals, Vendor shall agree to abide by the changes.
4.1.3.9. Vendor Invoice to Hospital:
4.1.3.9.1. Vendor will complete one (1) full month of service before invoicing Agency.
4.1.3.10. Invoices and Progress Payments:
4.1.3.10.1. The Vendor shall submit invoices, in arrears, by the 15th of each month, to the Agency at the address on the face of the purchase order labeled “Invoice To” pursuant to the terms of the contract. The invoices must be in a form approved by the Department and must include a monthly activity log. Vendor will be responsible for payment of all subcontracts, staff, and any other support staff contracted to provide services.
4.1.3.10.2. The Vendor will bill the facility an hourly rate for services provided not to exceed 24 hours per day.
4.1.3.10.3. The Vendor will complete the billing for all Emergency Department professional fees.
4.1.3.10.4. State law forbids payment of invoices prior to receipt of services. The Department reserves the right to reject any or all invoices for which proper documentation has not been provided. Vendor will be notified of deficiencies within fifteen (15) days of receipt of the invoice.
4.1.3.10.5. Purchasing Card Acceptance: The State of West Virginia currently utilizes a VISA purchasing card program which is issued through a bank. The successful Vendor must accept the State of West Virginia VISA purchasing card for payment of all orders placed by any state Agency as a condition of award.
4.1.3.10.6. The Vendor will invoice monthly and will provide detailed documentation supporting the invoiced amount. This documentation will include, by department/clinic, each health care provider’s signed time record which shall indicate actual work time and on-call hours, and a detailed account of Vendor’s physicians shall maintain accurate time records in addition to using the Hospital’s time clock to record time-in and time-out of the Hospital. Vendor’s invoice shall also document any service or partial service that was not provided pursuant to the terms of the contract and Vendor shall reduce the invoice appropriately. If there is service or partial service which Vendor did not provide, the invoice must contain a detailed explanation of the reason such service was not provided.
4.1.3.10.7. Agency and Vendor shall determine the format of the invoice form. Agency reserves the right to modify the invoice format at any time if additional information is required.
4.1.3.11. Access & Confidentiality:
4.1.3.11.1. The Vendor, its employees and agents shall have access to private and confidential data maintained by the Hospital to the extent required for Vendor to carry out the duties and responsibilities defined in the contract. The Vendor agrees to maintain confidentiality and security of the data made available.
4.1.3.11.2. The Vendor shall indemnify and hold harmless the State and Agency against any and all claims, brought by any party, attributed to actions of breach of confidentiality by Vendor, subcontractors, or individuals permitted access by Vendor, including legal fees and disbursement paid or incurred to enforce the provision of the contract.
4.1.3.11.3. The Vendor shall accept responsibility for providing adequate supervision and training to its agents and employees to ensure that confidentiality is maintained. No private or confidential data maintained or used during the contract period shall be disseminated except as authorized by statute either during the contract period or thereafter.
4.1.3.11.4. News Release: News releases or other publicity pertaining to the services to be provided under this contract shall not be made without prior approval by DHF.
4.1.3.11.5. Debarment and Suspension: Vendor certifies that no entity, Agency, subcontractor or person associated with the Vendor is currently debarred or suspended by any state or the Federal government.
5. CONTRACT AWARD:
5.1 Contract Award: The Contract is intended to provide Agency with a purchase price for the Contract Services. The Contract will be awarded to the Vendor that provides the Contract Services meeting the required specifications for the Lowest Grand Total Cost for Healthcare Provider Services as shown on the Pricing Page.
5.2 Pricing Page: Vendor should complete the Pricing Page by entering pricing for requested item. Vendor should complete the Pricing Page in full as failure to complete the Pricing Page in its entirety may result in Vendor’s bid being disqualified.
The Vendor should type or electronically enter the information into the Pricing Pages through wvOASIS, if available, or as an electronic document.
6. PERFORMANCE: Vendor and Agency shall agree upon a schedule for performance of Contract Services and Contract Services Deliverables, unless such a schedule is already included herein by Agency. In the event that this Contract is designated as an open-end contract, Vendor shall perform in accordance with the release orders that may be issued against this Contract.
7. PAYMENT: Agency shall pay pricing as indicated within bid proposal as shown on the Pricing Pages, for all Contract Services performed and accepted under this Contract. The Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia.
8. TRAVEL: Vendor shall be responsible for all mileage and travel costs, including travel time, associated with performance of this Contract. Any anticipated mileage or travel costs may be included in the flat fee or hourly rate listed on Vendor’s bid, but such costs will not be paid by the Agency separately.
9. FACILITIES ACCESS: Performance of Contract Services may require access cards and/or keys to gain entrance to the Agency’s facilities. If access cards and/or keys are required:
9.1. The Vendor must identify principal service personnel which will be issued access cards and/or keys to perform service.
9.2. The Vendor will be responsible for controlling cards and keys and will pay replacement fee, if the cards or keys become lost or stolen.
9.3. The Vendor shall notify the Agency immediately of any lost, stolen, or missing card or key.
9.4. Anyone performing under this Contract will be subject to Agency’s security protocol and procedures.
9.5. The Vendor shall inform all staff of the Agency’s security protocol and procedures.
10. VENDOR DEFAULT:
10.1. The following shall be considered a Vendor default under this Contract.
10.1.1. Failure to perform Contract Services in accordance with the requirements contained herein.
10.1.2. Failure to comply with other specifications and requirements contained herein.
10.1.3. Failure to comply with any laws, rules, and ordinances applicable to the Contract Services provided under this Contract.
10.1.4. Failure to remedy deficient performance upon request.
10.2. The following remedies shall be available to the Agency upon default.
10.2.1. Immediate cancellation of the Contract.
10.2.2. Immediate cancellation of one or more release orders issued under this contract.
10.2.3. Any other remedies available in law or equity.
11. MISCELLANEOUS:
11.1. Contract Manager: During its performance of this Contract, Vendor must designate and maintain a primary contract manager responsible for overseeing Vendor’s responsibilities under this Contract. The Contract manager must be available during normal business hours to address any customer service or other issues related to this Contract. Vendor should list its Contract manager and his or her contact information below.
Contract Manager: ______________________ Telephone Number: ________________________ Fax Number: ______________________________ Email Address: ____________________________
Revised 12/12/2017
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