Combined Synopsis Solicitation Package RFQ-23-RB-045.pdf

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal

Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice, FAR Part 12, Acquisition of Commercial Items (Title VIII of the Federal Acquisition Streamlining Act of 1994)

(Public Law 103-355) (10 U.S.C. 2304 and 41 U.S.C 253). This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The Rosebud Indian Health Service (IHS) Hospital intends to award a Firm Fixed-Price, Non-Personal Service, Purchase Order in response to Request for Quote RFQ-23-RB-045.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2023-04/2023-06-02.

(iv) This RFQ is issued as an unrestricted solicitation, open to large and small vendors, and the associated NAICS

Code is 561320, which has a small business standard of $30.0 millions.

(v) The quoted unit pricing must be all inclusive (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state and local taxes) plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

Complete the Price Schedule. Specifications attached.

1. Nephrology Physician Services Base Year - 10hr/month 130 Hrs @ $ __________ = $_____________

2. Nephrology Physician Svcs Option Yr 1 - 10hr/month 130 Hrs @ $ __________ = $_____________

3. Nephrology Physician Svcs Option Yr 2 - 10hr/month 130 Hrs @ $ __________ = $_____________

(vi) Description of services: To provide Nephrology Physician services according to the attached Statement of Work, for the Rosebud IHS Hospital, Rosebud, SD.

(vii) To be provided at the Rosebud IHS Hospital, Outpatient Department, Rosebud, SD 57570. The period of performance will be 1 year from Date of Award, with 2 option years

(viii) FAR 52.212-1 Instructions to Offerors-Commercial Items (March 2023).

Quotes shall be submitted on company letterhead stationery, signed, dated and it shall include:

1. Solicitation number RFQ-23-RB-045;

2. Closing Date: August 28, 2023 at 1:00 pm CST;

3. Name, address, and telephone number of the company and email address of contact person;

4. Technical description of the item/service being offered in sufficient detail to evaluate compliance with the requirements of the solicitation. This may include product literature, or other documents, if necessary;

5. Terms of any express warranty;

6. Price and any discount;

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

8. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

9. Acknowledgment of Solicitation Amendments (if any issued);

10. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information);

11. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(ix) FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (November 2021).

(a) The government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate the offers:

1. PROBLEM AND APPROACH (40% of consideration for this section)

• Evaluation of this criterion will assess the bidders overall understanding of the complexities and logistical requirements associated with the provisional agreed upon Medical Nephrology Services - as applicable to the radiology Department services at the RSU IHS Hospital. This criterion will be evaluated based upon the available bids in concert with submitted portfolios addressing each of the following points as noted below:

a. Understanding of the complexity and logistical requirements of the organization template of rendered care. (housing, travel conditions, travel time, etc)

b. Understanding of the inherent difficulties encountered in deliverance of hospital based care within a small rural Indian Health Service facility. (Limited resources, limited geographic area, socio-economic conditions of the patient population, etc.)

c. Possession of necessary organization, experience, and technical skills to perform such services understanding cultural diversities and incurred work ethics required to function within such a milieu.

d. A detailed work plan shall be submitted that outlines how each aspect of the Statement of Work is to be accomplished. The technical approach should be in as detailed as feasible taking into account such aforementioned methodology.

e. Ability to submit qualified nephrologist applicants that will pass background clearance for federal government and credential requirement as a pertains to the SOW

f. Ability to perform at a 95% or higher on monthly peer reviews.

2. PAST PERFORMANCE AND EXPERIENCE (50% of consideration for this section)

• This evaluation shall assess the relevance and breadth of offeror’s experience and quality of performance.

a. List of other medical services contracts or subcontracts with these categories: Description of contracted work, Program manager as reference with contact information, and list of major achievements.

b. Demonstration of successful performance of past contracts to include: at least 1 contract that was most successful and the reason for this consideration, evidence of timely and acceptable contract performance.

3. KEY PERSONNEL (10% consideration for this section)

• This factor will be evaluated utilizing personnel assignments to each potential contractual duty. The proposal shall identify key personnel who have relevant experience in performing the tasks required of this solicitation in other projects that are similar in function, scope, and complexity to the RSU

Hospital requirement. The contractor shall specify the extent to which each staff member will participate in contract performance. Curriculum vitae or description of key personnel that will be directly involved in contract performance shall be included in the proposal. CV's, resumes, or descriptions must demonstrate that the personnel have the necessary knowledge and experience to perform the tasks outlined in the Statement of Work to include such management duties as they may arise.

a. Identify the key personnel to this contract, specify the extent to which the staff will participate in this contract, submit evidence of licensure and CEU to demonstrate offer has required knowledge experience, and educational background to perform the tasks outlined in the complete Statement of Work. All potential staff must be free of OIG sanctions and achieve credentialed status at the Rosebud Service Unit Medical Staff processes.

i. Administrator

ii. Physicians-Nephrologists

iii. Any other contact of importance to fulfill the commitment

Technical and past performance, when combined, carry equal weight with the price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unaccep6table if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept or offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x) FAR 52.212-3 Offer Representations and Certifications-Commercial Items (December 2022). See attachment for full text. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management

(SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(xi) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (December 2022). Applied to this acquisition and it’s incorporated by reference.

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Items (June 2023). See attachment for full text.

(xiii) Attached are the Federal Acquisition Regulations (FAR) & Health & Human Services Acquisition

Regulation (HHSAR) clauses that are applicable including below.

(xiv) n/a

(xv) Offers will be accepted electronically, Submit via email to the following:

Rosebud Indian Health Service Hospital

Attn: Andrea Whipple, Purchasing Agent

800 Hospital Drive

Rosebud, SD 57570

Email: Andrea.Whipple@ihs.gov.

Any questions are due August 25, 2023 by 1:00 pm CST.

Contractors will need a UEI number, TIN number.

ACCEPTANCE PERIOD: Your proposal must stipulate that it is predicated upon all the terms and conditions of this

RFQ. In addition, it must contain a statement to the effect that it is firm for a period of at least 30 days from the date of receipt by the Government.

Quotation must set forth full, accurate, and complete information as required by the Request for Quotation (RFQ) and be returned no later than the date referenced. All required information must be submitted in order to be considered responsive and eligible for award.

No contract award shall be made to any vendor listed on the OIG Exclusion List at http://exclusions.oig.hhs.gov throughout the duration of the contract.

http://www.acquisition.gov/ mailto:Andrea.Whipple@ihs.gov http://exclusions.oig.hhs.gov/

Contractors must be registered with the Sam.gov. The website to register at: www.sam.gov.

The Government reserves the right to accept or reject services, if the level of performance is unacceptable.

Invoice Processing Platform (IPP)

The Indian Health Service (IHS) is in the process of implementing an electronic invoicing system.

In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum “Improving Government

Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing” directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and

Processing of Payment Requests”

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the

Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL). Respondents are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register- however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.

The IPP website address is: https://www.ipp.gov

If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973-3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov

Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer.

“The Office of Management and Budget (OMB) mandates that U.S. federal agencies use the Internet Protocol version 6

(IPv6). In November 2020, OMB issued memorandum M-21-07 "Completing the Transition to IPv6”, which outlines the

Federal government's strategic intent "to deliver its information services, operate its networks, and access the services of others using only IPv6". The IHS requires all new IT systems (hardware and software) to operate in a pure IPv6 network environment. This includes on-premises services or third-party hosted services that require network integration into the

IHS network. The Offeror's solution shall comply with the IPv6 standards profile as defined by the NIST USGv6

Program: https://www.nist.gov/programs-projects/usgv6-program” http://www.sam.gov/ https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2015/m-15-19.pdf https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Nephrology Physician services for the Rosebud Service Unit in the Aberdeen Area

Indian Health Service

REVISED 07/2023

C-1 PURPOSE OF CONTRACT

The mission of the Rosebud Indian Health Service Hospital is to provide the best possible health care services to the Native American population on the Rosebud Sioux Tribe Reservation in South Dakota. To meet the mission, the Rosebud Service Unit requires contractor support to assist the service unit in providing Nephrology physician services at Rosebud IHS Hospital.

The purpose of the contract is for the placement if a nephrology physician into the Rosebud Indian

Health Service Hospital. The care provided by the contractor shall be as comprehensive as the Indian

Health Service Facilities, equipment and support permit. The Contractor shall furnish the necessary personnel, supplies, materials and equipment to provide Nephrology physician services to the Rosebud

Service Unit. The Indian Health Services requires Nephrology physician services continue without interruption during the term of this contract.

The contract resulting from this solicitation shall:

1. Be a non-personal health care services contract under which the contractor is an independent contractor.

2. Allow the government to evaluate the quality of professional and administrative services provided, but retains no control over the medical professional aspects of the services rendered., (i.e. Professional judgements, diagnosis for specific medical treatment)

3. Requires the contractor to indemnify the government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance.

4. Require the contractor to maintain liability insurance, in the coverage amount acceptable to the contractor to maintain medical liability insurance. Which is not less than the amount prevailing within which in not less than the amount normally prevailing within the local community for the medical specialty concerned.

5. Requires the contractor to ensure its subcontracts for provisions of health care services; contain the requirements of the clause at FAR 52.237-7, including the maintenance of medical liability insurance. (see section 1)

C-2 GOVERNMENT FURNISHINGS PROPERTY/FACILITIES/SERVICES

The service unit shall provide office space including a desk, chair and office supplies. The contract physician will be authorized to use all areas of the medical treatment facility available to the civil service and commissioned personnel. The same restrictions apply to the contract physician as any other Indian

Health Service personnel to use these areas for official business.

The contract physician will be authorized to use all administrative and professional support available to

Indian Health Service personnel. This will include but not limited to copy machines, telefax machines, medical library, and telephone service. The same restriction to use these items for official Indian Health

Service business apply.

The contract physician will be provided with an orientation to Indian Health Service and the Indian

Community being served. The initial orientation and continuing orientation shall be provided by the service unit personnel.

The service unit shall provide all medical and non-medical equipment and supplies used in the Rosebud

Indian Health Service facility for the care and management of patients.

The Service Unit shall provide all required blank government forms applicable to the Indian Health

Service. An appropriate orientation to the necessity of such forms will be provided by the service unit personnel.

The service unit shall provide the authority for the contract physician to purchase meals in the service unit dining room when available.

The service unit shall provide an ongoing method of monitoring and evaluation of the quality and appropriateness of the patient care and identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

The service unit will not provide patient transcription services. The Electronic Health Record is the acceptable mode for documentation.

C-3 CONTRACTOR FURNISHED EQUIPMENT/FACILITIES/SERVICES

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

The contractor shall provide the contract physician with an appropriate items such as stethoscopes, reflex hammers, penlights, etc.

C-4 STATEMENT OF WORK

The contractor shall furnish a nephrology physician for primary care services at the Rosebud Indian

Health Service Hospital. The contract nephrology physician service compatible with the Rosebud Indian

Health Service medical facilities operating capacity and equipment. The contractor shall provide

Nephrology physician service for Indian Health Service beneficiaries served by the Rosebud Service Unit.

Contract nephrology physician services shall cover the range of physician services typically in a rural civilian practice of similar size. Contract performance shall be according to the requirements contained in this statement of work.

The standards of medical practice and duties of the contractor through its nephrology physician shall be determined pursuant to the bylaws of the Rosebud IHS Hospital, the regulations of thee hospital, applicable provisions of law, other rules and regulations if any governmental authorities relating to licensure and regulations of physicians Accreditation of Healthcare Organizations. The contract nephrology physician shall be required to participate in a quality improvement program, which is consistent with current Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and

Centers for Medicaid/Medicare Services (CMS) requirements for ongoing monitoring and evaluation the quality and appropriateness of care.

Medical services shall not be performed by a contract nephrology physician until professional staff membership and clinical privileges has been granted in writing by the Indian Health Service governing body. As a prerequisite to perform under the resultant contract, the contract physician preforming the services must be privileged in accordance with Indian Health Service/Aberdeen Area credentialing policy. Therefore, compliance with the Indian Health Service privileging requirements is essential in the performance requirements shall be considered to be nonperformance of the contract. The governing body will not grant clinical privileges until it is determined that credentials information has been verified.

Exceptions to the Indian Health Service credentialing review and clinical privileges process will not be considered. Any contract physician whom fails to maintain medical staff appointment and clinical privileges will not be permitted to perform services under the contract and shall be promptly replaced by the contractor.

The contractor shall locate credentials and have available sufficient staffing to provide nephrology physician services on a regular schedule to the Rosebud Service Unit. The work shifts shall be established at the time of the contract award and may be adjusted when mutually agreed upon.

Nephrology services are to be two (2) days her month, five (5) hours per day totaling ten (10) hours per month for 1 year with 4 option years.

Prior to assumption of duty on any scheduled work shift, the contract nephrology physician may be briefed by the service unit director or clinical director or their designated representative concerning any matter relevant to the contract physician’s assumption and discharge of responsibilities under the terms of this contract.

The contract nephrology physician shall advise the clinical director or his/her designated representative of any problem encountered, or which may be encountered. In the connection with the needs of patients treated by the contract nephrology physician. The briefing shall also include conditions of any inpatients to attend during the work shift. The contract physician shall provide a shift briefing to the following duty physician. Continuing problems of any nature shall be reported to the Indian Health

Service project office by the contractor.

The contractor nephrology physician shall generate and maintain proper medical record information on beneficiaries to whom treatment is provide in accordance with Indian Health Service regulations. The contract nephrology physician shall prepare all medical record documentation to meet or exceed the established standards of I HS facility to include but not be limited to: timeliness, legibility, accuracy content and signature. All medical record information generated in the performance of this contract will remain the property of and subject to the exclusive control of the Indian Health Service.

Treatment of the I HS patients shall be performed at the I HS facilities except in certain instances when patients are referred to private facilities for performance of special diagnostic procedures or definitive care not offered in the I HS facility. All referrals to private facilities or providers for specialized diagnostic studies or definitive care not offer at the Rosebud I HS facility shall follow Indian Health

Service regulations and policies on patient referrals.

The contract nephrology physician shall become familiar with and guided by the Indian Health Service formulary. The contract nephrology physician shall follow Indian Health Service procedure when prescribing drugs. The contract nephrology physician authorized to prescribe Pharmaceuticals shall do so according to the availability of drugs listed in the I HS formulary. I HS pharmacy services will provide instructions to the prescribing contract practitioner as to substitution of generic drugs for prescribed drugs. Drugs not on the formulary must be approved by the service unit pharmacy and therapeutic committee.

The contractor nephrology physician shall assess nephrology services to assure its quality. The contract nephrology physician shall participate in a continual process of self-evaluation and strive for excellence in providing nephrology physician services.

The contract nephrology physician shall comply with all I HS facility infection control and safety procedure, practices and standards.

The contract nephrology physician shall meet all applicable CMS standards during the performance of this contract.

The contract nephrology physician shall respect and maintain the basic rights of patients, to include but not limited to personal dignity. The contract nephrology physician shall not allow cultural bias to influence his/her treatment of our patients at the Rosebud Service Unit and shall be respectful of cultural beliefs and standards.

The contact will provide a Nephrologist for 5 hours per day for two days per month. The Nephrologist will work in the Rosebud IHS Hospital within the Outpatient Clinic.

Timesheets shall only be signed by the project officer or designee, and will only be signed after HIM clears that there are no medical record deficiencies. Report to clinical director/designee on arrival.

NEPHROLOGY PHYSICIAN RESPONSIBILITIES

The contractor shall provide a physician trained in nephrology services for patients who require a category of nephrology and/or care for complex or severe illness or problems and those with immediate or serious threat to life.

The contract physician shall provide shall provide nephrology service to include outpatient services and emergency care. The contract physician shall perform examinations and treatment of authorized Indian

Health Service beneficiaries according to the daily clinic schedule or as required by the Service Unit

Clinical Director, this may include walk in patients if regularly scheduled patients no show or cancel. The contract physician shall process the skills, knowledge, and training to satisfactory perform the service required by this contract. The services shall be performed by one (1) Contract nephrology Physician to assure continuity of care. The physician utilized under this contract must be able to obtain clinical privileges to practice his services at the service unit.

The contract physician shall be under the technical supervision of the service unit Clinical Director. The contract physician shall be knowledgeable in all area that are, as a standard, covered by any nephrology residency. The contract physician shall have sufficient experience to adequately diagnose and treat full range of nephrology cased, procedures and surgeries.

Specific nephrology services shall include, but not limited to the following:

1. Provider diagnostic consultation and management of renal diagnosis

2. Essential hypertension

3. Malignant hypertension

4. Glomerulonephritis

5. Pyelonephritis

6. Nephrosis

7. Acute insufficiency

8. End stage renal disease

9. Outpatient management of dialysis patients

10. Nephropathy

11. Management of renal transplant patient

If appropriate, provide consultation to family practice, internal medicine, psychiatry and pediatric services.

C-5 NEPHROLOGIST PHYSICIAN QUALIFICATIONS

The contract nephrologist physician shall be board certified/eligible in nephrology and board certified in

Internal Medicine having completed an accredited fellowship in Nephrology. It is a condition of this contract that all required certifications in the Statement of Work remain current during the life of this contract.

This contract nephrologist physician must hold a current, unrestricted state medical license from of the

50 United States or the common wealth of Puerto Rico.

The contract nephrologist physician must meet the same privileging requirements as permanent I HS physician before being allowed to provide medical service at the Rosebud I HS facility.

Current Basic Life Support (BLS) is required of the contract nephrologist physician.

The contract nephrologist physician shall not have any work or health restriction which interfere with the performance of Internal Medicine Physician Services.

The contract nephrologist must have privileges to practice nephrology as the Rosebud I HS, and at one regional dialysis center.

The contract nephrologist shall speak, understand, read and write English fluently and communicate with sufficient clarity to be understood by the Rosebud Indian Health Service Hospital personnel and patients.

The contract nephrologist physician shall possess sufficient initiative initiative, interpersonal relationship skills and social sensitivity that he/she can relate constructively to patients from the Native American community.

The contract nephrologist physician shall maintain standard of personal hygiene and grooming such that his/her image as a physician is compatible with the expectation of the Rosebud Indian Health Service clinical staff and the Indian community.

A. CHARACTER INVESTIGATION FOR CONTRACTORS WHO WILL HAVE CONTACT WITH INDIAN

CHILDREN:

The contractor is prohibited from having any unsupervised contact with Indian Children in the performance of this contract unless:

1. They act under the direct supervision and within the sight of a Government employee who has obtained a satisfactory “Criminal History Check” in accordance with the “Indian Child Protection and Family Violence Prevention” P.L. 101-630 and “Crime Control Act” P.L. 101-647.

Prospective contractors who duties and responsibilities involve regular contact or control over children are subject to a character investigation as required by P.L. 101-

630, the Indian Child Protection and Family Violence Prevention Act. IHS personnel offices will conduct these investigations following award of a contract. The character investigations may be waived if, in judgment of the Contracting Officer, in consultation with the Personnel Officer, and investigation has already been conducted and is on file.

Until the character investigation has been completed and the Contracting Officer notified or the results, the Contractor must not have unsupervised contact with Indian

Children.

2. The Physician has obtained a satisfactory “Criminal History Check” which satisfies the requirements for the “Indian Child Protection and Family Violence and Prevention Act”

P.L. 101-630 and “Crime Control Act” P. L. 101-647.

B. REQUIRED MALPRACTICE INSURANCE:

Current Liability Insurance of not less than $300,000/$1,000,000 covering the duration of the contract.

A Certificate of Insurance evidencing the required coverage shall be provided to the Contracting

Officer prior to the commencement of services under this contract. If the insurance is on claims-made basis, evidence of an extended reporting endorsement shall be provided to the

Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended endorsement is provided to the Contracting

Officer.

C. COMPLIANCE WITH IHS RULES AND REGULATIONS:

Medical Practices must be within the standards of their established credentialed specialty and maintains continuing medical education, licensing, registration and certifications 100% of the time.

Complies with all policies, By-laws, Safety, Infection Control, and rules and regulations of

HHS/IHS/Rosebud Hospital with zero (0) violations.

Maintains patient privacy/confidentiality/HIPAA with zero (0) breaches of privacy.

The contract physician shall follow IHS Purchase Referred Care (PRC) regulations and policies when arranging for a referral or consult. The contract physician shall be required to consult with other specialty practitioners for consultative opinions and continuation of care. The provider shall inform patients of the required referral or consult by indicating the specialty involved. The contract physician will be required to facilitate transportation arrangements for patients referred to facilities for a higher level of care.

The contract physician shall use and follow the Rosebud IHS formulary list which is approved and maintained by the Rosebud IHS Pharmacy and Therapeutics Committee. Any drug not listed on the formulary must be approved by the Pharmacy and Therapeutics Committee.

Timely documentation that is completed 100% of the time which is to be completed PRIOR to the end of the daily shift and PRIOR to signing an invoice for payment.

Complaints on quality of care and/or conduct should be minimal and no more than three (3) per quarter (all issues will be addressed in writing to the contractor so that action can be taken).

The standards of medical practice and duties of the Contractor through its Physician(s) shall be determined pursuant to the bylaws of the Service Unit. The regulations of the hospital, applicable provisions of law, other rules and regulations of any and all governmental authorities relating to licensure and regulation of physicians and hospitals must be followed. Also the standards and recommendations of Centers for Medicare and Medicaid Services (CMS) or the

Accreditation Organization must be adhered to. The Contract Physician(s) shall be required to participate in a quality improvement program, which is consistent with current requirements for ongoing monitoring and evaluation of the quality and appropriateness of care.

D. ANY SPECIAL REQUIREMENTS:

Utilizes EHR and RPMS computer system to enter and sign off on laboratory orders (90% of orders must be signed off at the end of each shift).

FAR 52-237-7 - IDENTIFICATION AND MEDICAL LIABILITY INSURANCE:

A. It is expressly agreed and understood that this is a Non-Personal Service Contract, as defined in Federal Acquisition Regulations (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 retain no control over professional medical judgment diagnoses, 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 liability insurance issued by a responsible insurance carrier in the amount of not less than the minimum requirements established by the state in which the contract is performed during the term of the contract.

B. An apparently successful offer, upon request by the Contracting Officer shall furnish, prior to the contract award, evidence if its insurability concerning the medical liability insurance required by paragraph (1) of this clause.

C. Liability insurance may be either on occurrence basis or a claims-made basis. If the policy is on claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

D. A Certificate of Insurance evidencing the required coverage shall be provided to the

Contracting Officer prior to the commencement of services under this contract. If the insurance is on claims-made basis, evidence of an extended reporting endorsement shall be provided to the Contracting Officer prior to the expiration of this contract.

Final payment under this contract shall be withheld until evidence of the extended endorsement is provided to the Contracting Officer.

E. The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If during the performance period of the contract, the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph

(a) of this clause for the entire period of the contract, either under the new policy or a combination of old and new policies.

F. The Contractor shall insert the substance of this clause, including this paragraph in all subcontracts under this contract or health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer, evidence of such insurance.

G. The contract terminates when the performance period expires or the Hospital (i.e. lack of funding, workload, etc.) no longer requires services.

C-6 Performance Surveillance Plan

PERFORMANCE SURVEILLANCE PLAN

FOR

NEPHROLOGY SERVICES

Performance surveillance monitors will be established to comply with regulatory guidelines and to monitor contract performance. The performance surveillance plan has been developed to describe the

Indian Health Service’s general plan in providing effective and systematic surveillance and reporting of all aspects of contract performance. This plan recognizes the responsibility of the contractor to carry out its own quality control obligations in the performance of this contract.

Surveillance will be accomplished via insight into the contractor’s performance against requirements listed in the work statement and performance standards listed in this plan. Performance-based incentives are consistent with the intent and purpose of the contract and are outlined on the following grid:

Upon completion of the contract, the Government will complete and keep on record the Contractor’s performance evaluation form, see (Section J).

OBJECTIVE/TASK PERFORMANCE

STANDARD

ACCEPTABLE

QUALITY LEVEL

(AQL)

SURVEILLANCE

METHOD/MEASURES

CONTRACTOR

INCENTIVE

PERFORMANCE

OBJECTIVE 1

THE

SHALL

ESTABLISH A

TECHNICAL

APPROACH AND

MANAGEMENT

PLAN FOR THE

PLACEMENT OF

NEPHROLOGISTS

INTO

TEMPORARY

ASSIGNMENTS IN

THE ROSEBUD HIS

SERVICE UNIT

ONCE A

CALL/REQUEST IS

RECEIVED:

CONTRACTOR

SHALL LOCATE A

LICENSED

NEPHROLOGIST

WITHIN 14 DAYS

SUPPLY LICENSE

AND

DISCIPLINARY

INFORMATION &

RETURN TO

ROSEBUD

CLINICAL

DIRECTOR

PLACEMENT OF

STAFF 100% OF

THE TIME

CV’s SHALL

INCLUDE

LOCATION OF

PREVIOUS

ASSIGNMENT

REFERENCES

FROM

INDIVIDUALS

THAT HAVE

WORKED WITH

APPLICANT AND

AT LEAST 1

SUPERVISOR

WITHIN LAST 12

MONTHS OR

DOCUMENT WHY

THIS IS NOT

POSSIBLE

CLINICAL DIRECTOR

SHALL SUBMIT

MONTHLY

SPREADSHEET OF

PLACEMENT DATES

TO THE

CONTRACTING

OFFICER’S

TECHNICAL

REPRESENTATIVE

(COTR) TO MONITOR

THE 14 DAY

PLACEMENT

REQUIREMENT

SPREADSHEET TO

COTR MONTHLY

ROSEBUD

SERVICE UNIT

WILL PROVIDE A

POSITIVE

PERFORMANCE

REPORT ON

NEPHROLOGIST

PLACEMENT

CAPABILITIES

OBJECTIVE/TASK PERFORMANCE

STANDARD

ACCEPTABLE

QUALITY LEVEL

(AQL)

SURVEILLANCE

METHOD/MEASURES

INCENTIVE

OBJECTIVE 2

CAPABLE AND

KNOWLEDGABLE

OF EFFECTIVE

COMMUNICATION

SHALL BE

RESPECTFUL,

COURTEOUS, AND

CULTURALLY

SENSITIVE TO IHS

PATIENTS AND

STAFF

1 COMPLAINT

COMPLAINTS PER

NEPHROLOGIST IS

ACCEPTABLE

EVERY 3 MONTHS

THE CONTRACTOR

SHALL RESPOND TO

THE CONTRACTING

OFFICER’S

TECHNICAL

REPRESENTATIVE

(COTR) IN WRITING.

WHENEVER, THEY

RECEIVE NOTICE OF

MORE THAN ONE

COMPLAINT

AGAINST A

NEPHROLOGIST /3

MONTHS WITH AN

EXPLANATION OF

WHAT WAS DONE TO

ADDRESS THE

MATTER

THE INVOICE FOR

NEPHROLOGIST

IN QUESTION

WILL BE PUT ON

HOLD UNTIL THE

COMPLAINT IS

INVESTIGATED

AND RESOLVED

IN 7 WORKING

DAYS.

OBJECTIVE 3

COMPLETION OF

RECORD

DOCUMENTATION

COMPLETES

MEDICAL

RECORD

DOCUMENTATION

DAILY AND

PRIOR TO LAST

WORKDAY &

NOTIFIES

MEDICAL

RECORDS

DEPARTMENT OF

LAST WORKDAY

DOCUMENTATION

COMPLETED 100%

OF THE TIME

CLINICAL DIRECTOR

REVIEWS CHECKLIST

FROM MEDICAL

RECORDS PRIOR TO

LEAVING FACILITY

THE INVOICE FOR

NEPHROLOGIST

IN QUESTION

WILL BE PUT ON

HOLD UNTIL

PROPER

DOCUMENTATION

OF THE CHART IS

COMPLETED

OBJECTIVE 4

MEDICATION AND

OR SAFETY

ERRORS

NEPHROLOGIST

WILL NOT

PERPETUATE

MEDICATION OR

SAFETY ERRORS

ZERO OR

GREATER ERRORS

CAUSING HARM

OR DEATH TO

PATIENT BY

ZERO SAFETY

ERRORS

CONTRACT

WILL NOT

PERPETUATE

MEDICATION

ERRORS OR

PRIVACY

VIOLATION

ERRORS GREATER

THAN 1 TIME /2

MONTHS

CLINCIAL DIRECTOR

OR DESIGNEE

REVIEW

MEDICATION &

SAFETY ERRORS AND

DETERMINE IF

CONTRACTOR WAS

THE SOURCE OF THE

ERROR

THE INVOICE FOR

THE

NEPHROLOGIST

IN QUESTION

WILL BE PUT ON

HOLD UNTIL

PROPER

INVESTIGATION

OR ERROR AND

CORRECTIVE

ACTION PUT IN

PLACE TO

PREVENT

FURTHER ERROR

CLAUSES INCORPORATED BY REFERENCE

(Non-Personal Service)

FAR CITATION: 52.252-2: Clauses Incorporated by Reference. (FEB 1998) I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date

1. 52.204-7 System for Award Management October 2018

2. 52.204-9 Personal Identity Verification of Contractor Personnel January 2011

3. 52.204-16 Commercial and Government Entity Code Reporting August 2020

4. 52.204-17 Ownership or Control of Offeror August 2020

5. 52.204-18 Commercial and Government Entity Code August 2020 Maintenance

6. 52.204-19 Incorporation by Reference of Representations December 2014 and Certifications

7. 52.209-10 Prohibition on Contracting with Inverted Domestic November 2015 Corporations

8. 52.212-1 Instructions to Offerors – Commercial Items March 2023

9. 52.212-4 Contract Terms and Conditions - Commercial December 2022 Products and Services

10. 52.222-21 Prohibition of Segregated Facilities April 2015

11. 52.222-22 Previous Contracts and Compliance Reports February 1999

12. 52.222-41 Service Contract Labor Standards August 2018

13. 52.222-50 Combating Trafficking in Persons November 2021

14. 52.223-6 Drug-Free Workplace May 2001

15. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging June 2020 While Driving

16. 52.224-1 Privacy Act Notification April 1984

17. 52.224-2 Privacy Act April 1984

18. 52.225-13 Restrictions on Certain Foreign Purchases February 2021

19. 52.232-1 Payments April 1984

20. 52.232-8 Discounts for Prompt Payment February 2002

21. 52.232-11 Extras April 1984

22. 52.232-33 Payment by Electronic Funds transfer – System for October 2018 Award Management

23. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

24. 52.232-40 Providing Accelerated Payments to Small Business March 2023 Subcontractors

25. 52.233-1 Disputes May 2014

26. 52.233-3 Protest after Award August 1996

27. 52.233-4 Applicable Law for Breach of Contract Claim October 2004

28. 52.237-1 Site Visit April 1984

29. 52.237-2 Protection of Government Buildings Equipment, April 1984 and Vegetation

30. 52.243-1 Changes-Fixed Price August 1987

31. 52.246-4 Inspection of Services – Fixed Price August 1996

32. 52.247-34 F.O.B. Destination November 1991

33. 52.249-2 Termination for Convenience of the Government April 2012 (Fixed-Price)

34. 52.249-8 Default (Fixed-Price Supply and Service) April 1984

35. 52.253-1 Computer Generated Forms January 1991

CLAUSES INCORPORATED IN FULL TEXT

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date ____

1. 52.209-11 Representation by Corporations Regarding February 2016 Delinquent Tax Liability or a Felony Conviction Under any Federal Law

2. 52.212-3 Offerors Representations and Certifications December 2022

- Commercial Products and Services (see attached)

3. 52.212-5 Contract Terms and Conditions Required To June 2023 Implement Statues or Executive Orders –

Commercial Products and Commercial Services (see attached)

4. 52.217-9 Option to Extend the Term of the Contract March 2000

5. 52.252-1 Solicitation Provisions Incorporated by February 1998 Reference

6. 52.252-2 Clauses Incorporated by Reference February 1998

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law.

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

(FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the

Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.217-9 – Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days:

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any option sunder this clause, shall not exceed 5 years, 6 months.

52.252-1 Solicitation Provisions Incorporated by Reference.

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of provision)

52.252-2 Clauses Incorporated by Reference.

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov

(End of Clause)

III. Department of Health and Human Services Acquisition Regulations (HHSAR) (49 Chapter 3) Clauses

No. HHSAR Citation Clause Title Clause Date_______________

1. HHSAR 352.224-70 Privacy Act December 2015

2. HHSAR 352.224-71 Confidential Information December 2015

3. HHSAR 352.226-1 Indian Preference December 2015

4. HHSAR 352.226-2 Indian Preference Program December 2015 https://www.acquisition.gov/

5. HHSAR 352.232-71 Electronic Submission of Payment Request February 2022

6. HHSAR 352.237-70 Pro-Children Act December 2015

7. HHSAR 352.237-71 Crime Control Act-Reporting of December 2015 Child Abuse

8. HHSAR 352.237-72 Crime Control Act-Requirement December 2015 For Background Checks

9. HHSAR 352.237-73 Indian Child Protection and Family Violence December 2015 Act

10. HHSAR 352.237-74 Non-Discrimination in Service Delivery December 2015

352.224-70 Privacy Act

Privacy Act (December 18, 2015)

This contract requires the Contractor to perform one or more of the following: (a) design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations.

The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)). The contract work statement:

(a) Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and

(b) Specifies the disposition to be made of such records upon completion of contract performance.

(End of clause)

352.224-71 Confidential Information.

Confidential Information (December 18, 2015)

(a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization.

(b) Specific information or categories of information that the Government will furnish to the Contractor, or that the Contractor is expected to generate, which are confidential may be identified elsewhere in this contract. The Contracting Officer may modify this contract to identify Confidential Information from time to time during performance.

(c) Confidential Information or records shall not be disclosed by the Contractor until:

(1) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, to which an agency response may be appropriate to protect the public interest or that of the agency.

(2) For information provided by or on behalf of the government,

(i) The publication or dissemination of the following types of information are restricted under this contract:

[INSERT RESTRICTED TYPES OF INFORMATION. If none, so state.]

(ii) The reason(s) for restricting the types of information identified in subparagraph (i) is/are: [STATE WHY THE PUBLIC OR GOVERNMENT INTEREST REQUIRES THE RESTRICTION OF EACH TYPE OF INFORMATION. ANY BASIS FOR NONDISCLOSURE WHICH WOULD BE VALID UNDER THE FREEDOM OF INFORMATION ACT IS SUFFICIENT

UNDER THIS CLAUSE.]

(iii) Written advance notice of at least 45 days shall be provided to the Contracting Officer of the Contractor's intent to disseminate or…