Attachment A - SectB. PWS.pdf

RFQ: 75H70525Q00003 Optometrist Services

B.6 PERFORMANCE WORK STATEMENT

SCOPE OF WORK

Optometrist

WHITE EARTH HEALTH CENTER

OGEMA, MN 56509

I. GENERAL.

PURPOSE OF CONTRACT:

The mission of the White Earth Health Center in Ogema, MN is to deliver quality care in order to attain positive health outcomes for all our valued patients with emphasis on cultural sensitivity and human dignity.

To meet the mission, the White Earth Health Center requires a trained contract optometrist to support and assist in temporary duties assigned at the clinic.

Individuals providing services under contract, which involve regular contact with, or control over, Indian children, are subject to a character investigation in accordance with “Indian child protection and family violence prevention act” P.L. 101-630. The Indian health service personnel office will conduct these investigations following award of a contract unless in the judgment of the contracting officer, in consultation with the personnel officer, investigation may be waived based on prior investigations on file. Until the Character Investigation has been completed and the contracting officer notified, such individual “shall not” have unsupervised contact with Indian children.

The Contracting Officer has the authority to temporarily waive the character investigation of a contractor. The “Agreement to a Temporary Waiver of Character Investigation” authorizes an agency to bring on a contractor in advance of the completion of a background check provided that at all times the contractor is within the sight and under the managerial oversight of a government employee; and who has successfully completed the national agency check with written inquiries (NACI) The need for services is expected to remain constant during the term of the contract period. Therefore, the contractor shall maintain the continuity of services to the maximum extent possible.

FAR Subpart 37.4 Non-personal Health Care Services

Agencies may enter into non-personal health care services contracts with physicians, dentists and other health care providers under authority of 10 U.S.C. 2304 and 41 U.S.C. chapter 33, Planning and Solicitation. Each contract shall --

(a) State that the contract is a non-personal health care services contract, as defined in 37.101, under which the contractor is an independent contractor;

(b) State that 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);

(c) Require that the contractor indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance;

(d) Require that the contractor maintain medical liability insurance, in a coverage amount acceptable to the contracting officer, which is not less than the amount normally prevailing within the local community for the medical specialty concerned; and

(e) State that the contractor is required to ensure that its subcontracts for provisions of health care services, contain the requirements of the clause at 52.237-7, including the maintenance of medical liability insurance.

CONTRACTOR FURNISHED PROPERTY

The Indian Health Service does not anticipate a need for contractor furnished equipment.

GOVERNMENT FURNISHED PROPERTY, FACILITIES, AND SERVICES

The government will provide supportive pharmacy, scheduling and secretarial services

The Contract Optometrist will be authorized to use all areas of the treatment facility available to civil health providers and commissioned personnel in similar positions. The same restrictions apply to the contract health provider and any other Indian Health Service personnel to use areas for official business activities only.

Each Optometrist shall be provided with an orientation to the service unit and the Indian community being served. Clinical personnel shall provide the orientation.

The clinic shall provide Medical Staff Bylaws and Code of Ethics to Contract Optometrist.

The clinic shall provide all equipment and medical supplies deemed necessary to provide medical care at the clinic with the exception of those items to be supplied by the contractor as listed.

The clinic shall provide all required blank government forms applicable to the Indian Health Service. Clinical personnel will also provide appropriate orientation to the necessity of such forms.

The clinic shall provide an ongoing method of monitoring and evaluation of the quality of services performed before the level of performance becomes unacceptable. Contractor will be under the direct observation of Clinical Chief of Optometry.

Location: The contractor shall furnish optometric services for the optometry department at the White Earth Health Center in Ogema, MN. The contractor shall perform services compatible with the medical facilities operating capacity and equipment. The contract shall provide services for the Indian Health Service beneficiaries served by the clinic. Contract performance shall be according to the requirements contained in this statement of work.

Preference: Preference will be given to applicants who have experience working with Native American patients. Preference is also given to applicants with experience serving adults, children and youth of all ages. Preference will be given to applicants who have been credentialed at the White Earth Health Care Facility in the past.

What is expected: This position is expected to treat 16 patients per eight-hour work day. Patient ages range from infant to elderly, treatment of this age variance is mandatory. The optometry department will provide supports services for scheduling, mailing appointments, and optometry technician support. Medication will be dispensed at the White Earth Health Center by pharmacy staff.

The Chief of Optometry will conduct the evaluations on the contractor’s performance. The contractor shall advise the Chief of Optometry or designated representative of any problem(s) encountered, or which may be encountered, in connection with meeting the needs of patients served by the medical dept. The contractor shall report continuing problems of any nature to the I.H.S. Project Office Officer.

RESPONSIBILITIES:

The Contract Optometrist shall provide emergency and routine general optical services for eligible patients (children, adults and elderly) at the White Earth Health Center. The Chief of Optometry will monitor activities.

Specific Optometry Services shall include, are limited to the following:

1. Completes notes (or similar note-taking format) with appropriate medication directions using the current electronic health record patient encounter form.

2. Diagnostic/examination, screening, initial and periodic.

3. Fully participates in medical staff functions.

4. Maintain medical staff privileges.

5. Records patient provide transactions.

QUALIFICATIONS:

CONTRACTOR REQUIREMENTS.

The Contractor shall not employ any individual to provide direct health care services who is listed on the Health and Human Services (HHS) list of providers excluded from federally funded health care programs.

1. The Optometrist shall be a U.S. citizen or otherwise meet other applicable requirements.

2. Graduate of accredited Optometry Program in the United States.

3. Must have an active Optometry license within the 50 states with no restrictions.

4. Must possess and provide documentation of continuing education

5. Must apply for and have approved appropriate medical privileges by medical staff.

6. Must have a current BLS certification.

7. The Optometrist shall successfully complete a criminal history background check and submit all required documents within 7 days of request.

8. The Optometrist shall be able to read, write, and speak English well enough and enunciate with sufficient clarity to effectively communicate with patients and other health care providers.

9. The Optometrist shall possess sufficient initiative, interpersonal relationship skills and social sensitivity such that the Optometrist can relate to a variety of patients from diverse backgrounds.

10. The Optometrist shall be able to operate a personal computer utilizing Microsoft applications, such as Word, Excel, and efficiently utilize an Electronic Medical Record.

11. The Optometrist shall be able to type and have had experience using computers.

12. WHC will provide computer training on their electronic medical records system. Failure to learn the computer system at the WHC and perform actions independently within 2 weeks of beginning service may be grounds for immediate removal of the Optometrist.

MONITORING CONTROLS

Under the managerial observation of the Chief of Optometry oversight, work is reviewed to insure conformance with current policy and procedures of the Indian Health Service.

PERSONAL CONTACTS

Contactors are with service unit professional and Para professional employees, outside contractors and vendors, third party alternate resource organizations regulatory agencies patients and their families.

PHYSICAL DEMANDS

Work is primarily sedentary. However, work does demand frequent standing, walking, sitting, bending, carrying of items such as records, supplies, and working with equipment.

IV. ORIENTATION AND TRAINING.

Prior to working, the optometrist will be provided a Government paid orientation to familiarize the optometrist with the policies and procedures of the WHC. Orientation attendance will be required of all optometrist and will be scheduled by the COR during the first normal duty day.

The Contractor shall ensure that each optometrist is knowledgeable of the policies and procedures of his/her specific place of duty and of the medical activity. The Contractor shall ensure optometrist receive any staff training required by the WHC, as a precondition/condition to performance. Such training may include instruction on automation processing, quality assurance policies and local in-service and safety briefings. This training shall be conducted during the scheduled shift of the optometrist.

Government Unique Training.

The Government may elect to provide unique Government training to optometrist who are performing services under this contract. If the Government elects to provide such training, the Government will provide such training at no additional expense to the Contractor or to the optometrist. When directed by the Contracting Officer (CO), optometrist shall attend all such training in a paid status as part of the normal services required and billed under the contract.

The optometrist shall attend all and take all training prescribed for personnel as required by White Earth Health Center.

Training shall be part of the workday.

Optometrist shall attend training provided by White Earth Health Center regarding their unique computer systems and programs. Failure to learn the computer system at White Earth Health Center and perform actions independently within 2 weeks of beginning service may be grounds for immediate removal of the optometrist.

ELECTRONIC MEDICAL RECORD KEEPING SYSTEMS.

The Government will provide training to optometrist in the Electronic Medical Record Keeping Systems and other procedures that the optometry staff is required to use. Access to such patient data systems is an "Automated Data Processing Sensitive" position requiring compliance with the Health Insurance Portability and Accountability Act (HIPAA) Security Rule. Refer to the Additional Information section “ADP Security Requirements” in this contract for further guidance.

Electronic Health Record (EHR) contains the facilities’ appointment scheduling program, pharmacy, lab, and radiology ordering system and is interlinked with other departments in the WHC. The Government will provide training to optometrist in the EHR and/or other procedures that staff are required to use. Access to such patient data systems is an “Automated Data Processing Sensitive” position requiring compliance with the Health Insurance Portability and Accountability Act (HIPAA) Security Rule.

Training for EHR and other computer training will be scheduled through the COR prior to the optometrist providing direct support. The training will be on-site and during normal duty hours.

This training will be at no cost to the Contractor.

If additional training is needed due to mission changes, the WHC Information Management Office will conduct required computer training. This training will be at no cost to the Contractor. The COR will schedule this training.

REPORTING REQUIREMENTS.

The Contractor shall submit reports to the COR as requested for use in monitoring Contractor performance. Such reports may include, but are not limited to: personnel recruitment; time sheets, etc.

Safety. The Contractor shall ensure that its optometrist comply with all installation safety regulations. Such regulations include, but are not limited to, general safety, fire prevention, waste disposal and infection control. Copies of these regulations are on file in the medical activity safety office or may be obtained through the COR.

Hours of Performance.

Billing

The Government will only pay for hours, days or units actually worked/provided. The Contractor shall only submit payment requests for hours, days or units actually worked/provided. Submitting a payment request for more than the amount due based on the number hours, days or units actually worked/provided may constitute fraud or a false claim and may result in administrative or criminal action or both.

The optometrist shall be able to provide services 8 hours a day, 5 days a week excluding federal holidays. Shifts will be 8 hours in length. No guarantee can be made that the shift will end as scheduled. A minimum break of 30 minutes will be given during the shift.

Work hours and days will be determined by WHC, and confirmed by the contractor. A schedule discussed between a contract optometrist and staff is not considered valid. Schedules are subject to change due to cancellations, clinic staff changes, organization day, emergencies, exodus, training holidays and unexpected events.

The most an optometrist can work is five consecutive days in a row.

Signing in prior to scheduled time will not be considered as hours worked. The above timeframes are subject to change.

The hours do not include any break periods to eat. Break times are not billable. The government reserves the right to verify the hours worked by the optometrist by sign-in/sign-out sheet, checking computer logs, use of a time clock, etc.

Shift Scheduling. WHC will provide a schedule of needed shifts to the Contractor 30 days before the first scheduled shift.

The Contractor shall furnish the name of the optometrist scheduled to work.

On-call Services: On-call services will not be required for these services.

Overtime/Extended Shift: Overtime is not authorized under this contract.

Unscheduled Absences. Unscheduled absences shall be called into the assigned COR by the contractor at least 24 hours before the start of the shift. The contractor shall only be paid for actual hours worked.

Hours worked do not include travel time to reach the facility or other place of performance.

The optometrist shall be rested and fully physically and mentally capable of performing the duties required under this contract.

The optometrist shall not have worked the 8 hours before beginning services at a WHC.

Closures. During anticipated closure of the facility due to a WHC’s, declared training, holiday or during unplanned closure of the facility due to natural disasters, emergencies, severe weather, or otherwise, the Contractor shall not invoice the Government for services not performed and the Government will not be liable to the Contractors for any such closures.

Holidays.

There are ten federal holidays observed by the facility; the optometrist will not be scheduled during these days.

The following is a list of legal federal holidays as referred to elsewhere in the contract.

New Year's Day Birthday of Martin Luther King, Jr.

President's Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

CONDUCT.

The Contractor shall ensure that each optometrist records the time worked according to procedures determined by the WHC to include documenting hours on the time sheet.

The Contractor shall ensure that its Optometrist do not introduce new procedures or services without prior approval of the HIM Director or representative. In disagreements or deviations from established or new protocols, the department Director, or COR, will be the deciding authority.

The Contractor shall ensure that its Optometrist comply with WHC’s policies regarding personal appearance and conduct.

The Contractor shall ensure that its Optometrist abide by federal and local WHC’s regulations and requirements concerning the nature of limited privileged communication between patients and the optometrist as may be necessary for security and personnel reliability programs.

The Contractor shall also ensure that its Optometrist abide by federal and local WHC’s regulations concerning the confidentiality of patient records, as embodied in federal statutes including the Privacy Act of 1974 and the Health Insurance Portability & Accountability Act of 1996. All regulations referenced are available for review from the COR.

All medical records and reports are and will remain the property of the Government.

Contractor shall abide by all local WHC’s policies/rules. All personnel shall maintain and support the standards necessary to meet AAAHC and CMS (Centers for Medicare and Medicaid Services) certification. When commencing work under this contract, Contractor shall obtain an in-processing checklist from the COR and provide the COR a copy when completed. The Contractor shall wear a White Earth Health Center identification badge. The COR will assist the Contractor in obtaining the identification badge through the WHC’s, Division-Security Officer. Upon termination of work at White Earth Health Center, the contractor will be required to return the hospital identification badge and out process through the activities identified on the out-processing checklist obtained from the COR.

The Contractor shall ensure that its Optometrist make use of all appropriate equipment; supplies and services made available by the Government for the optimal care of the patients.

REMOVAL OF OPTOMETRIST

At any time during the performance of this contract, the CO or COR may direct the Contractor to immediately remove any optometrist whose actions or impaired/insubordinate state raises reasonable suspicion that clear and present danger of physical harm exists to a patient, other optometrist, Government personnel or to the impaired individual.

This provision will be used in emergency situations only and not for the purpose of bringing performance issues or other non-urgent concerns to the attention of the Contractor. If the need for a removal occurs, the COR will contact the Contractor's point of contact and direct the Contractor to remove that individual from the facility and to not use that individual to perform any healthcare services required under this contract until the issue has been resolved by the CO. The Contractor shall formally meet with the COR to discuss further action in accordance with the scope of the contract. A review of the basis for removal will be made by the CO within three working days after the COR directed the removal. If, after any investigation deemed necessary by the CO and discussions with the Contractor's representative, the CO concludes that the optometrist impairment requires permanent removal from performance under the contract, the CO will notify the Contractor that permanent removal is required. In the event of disagreements between the Government and the Contractor's representative concerning matters of impaired/insubordinate Optometrist, the decision of the CO will be final.

During the period of time between the removal and the final decision of the CO, the Contractor shall provide a backup/replacement optometrist in accordance with the terms and conditions of this contract.

Inquiries.

Contractor shall ensure that its personnel do not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the COR, who will relay them to the Bemidji Area Office Public affairs office.

Smoking.

The Contractor shall ensure that its Optometrist comply with the WHC’s smoking policy.

Complaints. Complaints will be validated by the COR and be reported in writing to the CO and to the Contractor for action, if it constitutes a failure to perform, as determined by the Government. Patients may also be a source of legitimate complaints that constitute a failure to perform.

The Contractor shall have no more than two substantiated complaints per 12-month period per optometrist. Any patient complaints received on services provided by the optometrist will be taken very seriously at the White Earth Health Center and as such will be considered a part of the inspection process. The department Director will submit documentation to the COR regarding all patient and/or clinical complaints. Receipt of two valid complaints on the OPTOMETRIST within any twelve-month period may be considered grounds for immediate removal.

Conflict of Interest.

The Contractor/ optometrist shall not bill any patient for services rendered under this contract. The Contractor/ optometrist shall be prohibited from receiving compensation of any actions performed, except under the terms and conditions of this contract, at the rate specified.

The Contractor shall not use Government facilities or other Government property in connection with conducting a private practice and shall ensure that its employees do not do so.

Confidentiality of Information.

Unless otherwise specified, all financial, statistical, personnel, and/or technical data which are furnished, produced or otherwise available to the Contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of work under this contract. The Contractor shall not release any of the above information without prior written consent of the CO and shall ensure that its employees do not do so. The Contractor shall not use patient care rendered pursuant to this contract as part of a study, research project, or publication and shall ensure that its employees do not do so.

Professional Liability.

FAR 52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE.

It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: amount normally prevailing within the local community for the medical specialty concerned.

RESPONSIBILITY AND PROCEDURES.

If any suit or action is filed or any claim is made against the optometrist, which occurred as a result of work performed by the optometrist under this contract, the optometrist shall immediately notify the Contractor, the CO and the department Director of the appropriate services and promptly furnish them copies of all pertinent documents received.

The Contractor and optometrist shall cooperate with the Government, without further compensation, in the processing, review, settlement, or defense of the suit, action, or claim. The optometrist may, at the optometrist own expense, participate in defense of such claim or litigation.

QUALITY MANAGEMENT.

Quality Control Plan (QC). The Contractor is required to follow the current QC program in place at the WHC to ensure that the services are provided at a level of quality that meets Bemidji Area Service Units standards.

Quality Assessment and Improvement (QA&I). The Government will monitor the Contractor's performance under this contract using the QA&I procedures established by the medical activity and pursuant to the Contract Terms and Work is performed in the different departments within the White Earth Health Center, Conditions-Commercial Items clause, paragraph entitled Inspection/Acceptance. Additionally, the Contractor's performance is subject to scheduled and unscheduled review by the QA&I Committee as defined by the medical activity Quality Assurance (QA) Plan.

CONTRACTOR REPRESENTATION.

The Contractor shall designate a representative for this contract. This representative may be employed under another contract/task order with the Contractor at the same Bemidji Area Service Unit. At least ten working days prior to performance start date, the Contractor shall provide in writing to the COR, Contractor representative contact information.

Changes in the contract representative, at any time after contract commencement, shall be in writing to the COR at least five working days prior to the change.

The Contractor's representative shall, at no additional cost, meet with the COR when requested by the COR to discuss any problems that the Contractor's personnel may be experiencing during the performance of this contract. Problems experienced by the Government with the Contractor's performance will be discussed and resolved. Unresolved problems will be referred to the CO for resolution.

The Contractor shall provide points of contact (POC) information for administration of the contract during normal business hours. Accordingly, the named individual(s) shall possess sufficient corporate authority to effectively deal with emergency situations and the telephone number provided shall be functioning at all times other than normal business hours. If there are different POCs for different conditions, such as weekdays, weekends, holidays, clearly provide such information.

GOVERNMENT PROPERTY

The Government will provide use of all available WHC’s facilities and support services, materials, publications and forms, equipment, and specialty clothing required for contract performance (except as designated in the contract). The Contractor shall ensure that its optometrist keep Government-furnished supplies, equipment, and work areas in a safe, orderly and clean condition. The Contractor shall notify the Government whenever maintenance of equipment is required.

Personal long-distance calls are not authorized and the cost of all personal long-distance calls made will be deducted from the Contractor’s invoice.

The optometrist shall wear the identification badge in accordance with the WHC’s policy. The optometrist shall surrender both identification badge to the COR on his/her last contracted day of duty at the WHC.

Any space or equipment used by the Contractor’s optometrist in performance of this contract may be used by the Government for other purposes during his/her absence. Items of clothing, personal effects, or equipment may not be able to be secured at all locations. The Government will not incur any liability for theft, damage to, or loss of such personal items.

Emergency Health Care for optometrist. The White Earth Health Center will provide emergency health care for injuries or life-threatening medical emergencies occurring while on duty. The Contractor shall reimburse the Government for such services as billed by the White Earth Health Center, unless the optometrist is otherwise authorized to receive such services at no cost (e.g., is retired military or other).

CONTRACTOR FURNISHED SUPPLIES/SERVICES.

Uniforms. The Contractor shall provide or ensure optometrist have their own uniform.

CONTRACTING OFFICER’S REPRESENTATIVE (COR). The COR will be appointed in writing by the CO after the contract is awarded. The CO will provide a copy of this designation and COR contact information to the Contractor.

VII. ACCESS TO GOVERNMENT INFORMATION SYSTEMS

Contractor Employees Who Require Access to Government Information Systems (IS). All Contractor employees with access to a government info system must be registered in the SailPoint at commencement of services, and must successfully complete the Information Systems Security Awareness (ISSA) Training prior to access to the IHS and then annually thereafter.