RFQ_-_P1C004_ATTACHMENT_II_-_PWS_AMENDMENT_3_CLEAN_080417.pdf

ATTACHMENT II: RFQ HSCG23-17-Q-P1C004

LAST UPDATED: 08/04/2017

(RFQ AMENDMENT 3)

PERFORMANCE WORK STATEMENT (PWS) FOR TELERADIOLOGY SERVICES FOR

COAST GUARD CLINICS THROUGHOUT THE UNITED STATES AND PUERTO RICO

1.0. INTRODUCTION

1.1. Services. The United States Coast Guard (USCG) is procuring teleradiology services to support Coast Guard Clinics throughout the United States and Puerto Rico. The purpose of this Performance Work Statement (PWS) is to describe the needs and outcome anticipated by USCG for the full and complete deliverance of the required services for the specified locations to ensure consistent performance.

1.2. Contractor Responsibility. The contracted teleradiology service shall possess and maintain for the duration of this agreement, recognition by the American Board of Radiology and the American Osteopathic Board of Radiology.

1.3. Procedure Guidance. The teleradiology service shall meet or exceed the industry standards in accordance with established principles, practice and ethics of the radiology profession. The standards of performance of the teleradiology services provided by the Contractor shall reflect the degree of quality and productivity expected of a reasonably prudent teleradiology service in the state of their practice within the United States.

1.4. Production. The Contractor/ teleradiology service SHALL NOT out source and/or subcontract outside of the United States any radiology consultation referrals, interpretations, and final reads received from any of the Coast Guard Clinics located throughout the United States and Puerto Rico as specified in Attachment I of the RFQ.

1.5. Privacy of Individually Identifiable Health Information. The contractor shall ensure strict compliance to the release of Protected Health Information in accordance with the Code of Federal Regulation, Title 45, Public Welfare, Subtitle A, Department of Health and Human Services, Part 164, Security and Privacy (45 CFR 164), and the "Health Insurance Portability and Accountability Act (HIPAA)" .

1.6. Communication. The Contractor shall maintain open and professional communication with members of Coast Guard clinics. Complaints validated by the referring healthcare provider and the Clinic Administrator shall be reported in any form of media to the Contracting Officer and the Contractor for action. The Teleradiology representative shall be able to read, write, speak English fluently and be able to communicate effectively with the referring Coast Guard Provider(s).

2.0. BACKGROUND

2.1. Historical Data. Coast Guard Medical Providers ensure that over 35,000 active duty and reserve members manage and maintain their medical readiness and can deploy at a moment’s notice. The contractor will have a professional working relationship with Coast Guard medical providers and will communicate to meet special requests or resolve discrepancies in delivery of the final service/product.

2.2. Place of Performance. The primary place of performance will be at the Contractor’s own facility.

2.3. Hours of Operation

a. The contractor shall provide all aspects of non-personal Radiologist services during hours specified herein.

b. The Contractor shall provide off-site radiological interpretations five (5) days a week, Monday through Friday from 8:00 am to 7:00 pm, Eastern Standard Time (EST) via teleradiology. No weekends, after hours, or Federal Holiday reads are required.

c. Radiology studies submitted after 5:00 pm EST or on weekends or a holiday are tracked based on the start of the next available business day.

2.4. Acronyms/Abbreviations

Following is a list of basic acronyms/abbreviations used in this contract.

ADP - Automated Data Processing ACOR - Alternate Contracting Officer Representative BCLS - Basic Cardiac Life Support.

BLS - Basic Life Support C&A - Credentialing and Accreditation CFR - Code of Federal Regulations CHSD - Chief Health Services Division CLIN - Contract Line Item Number CME - Continuing Medical Education CONUS - Continental United States COR - Contracting Officer's Representative CPARS - Contractor Performance Assessment Reporting System CPR - Cardiopulmonary Resuscitation CV - Curriculum Vitae CVS - Contractor Verification System DEA - Drug Enforcement Administration DHS - Department of Homeland Security DINPACS - Digital Imaging Network Picture Achieves Communication Systems DoD - Department of Defense ECFMG - Educational Commission for Foreign Medical Graduates EFT - Electronic Funds Transfer EKG - Electrocardiogram FAR - Federal Acquisition Regulation FBI - Federal Bureau of Investigation HCP - Healthcare Provider = Radiologist

HIPAA - Health Insurance Portability & Accountability Act of 1996 HSWL - Health Safety Work Life IV - Intravenous KO - Contracting Officer NACI - National Agency Check with Inquiries OCONUS - Outside the Continental United States OIC - Officer in Charge OSHA - Occupational Safety and Health Administration or Act PCF - Practitioner's Credentials File PCO - Procurement Contracting Officer/Procuring Contracting Officer PL - Public Law PWS - Performance Work Statement QA - Quality Assurance QIP - Quality Improvement Program QC - Quality Control SF - Standard Form SOW - Statement of Work TAT - Turn Around Time VPN - Virtual Private Network

2.5. The following is a listing of forms that may be required, and may customarily be used by a HCP performing services. Any forms that may be required and or used will be provided to the Contractor by the Coast Guard after award.

2.5.1. Standard Forms

SF 85-P - Questionnaire for Public Trust Positions SF 88 - Report of Medical Examination SF 93 - Report of Medical History SF 504 - History Part I SF 505 - History Part II SF 506 - Physical Examination SF 507 - Clinical Record, Report on or Continuation of Standard Care SF 509 - Doctor's Progress Notes SF 513 - Consultation Sheets SF 515 - Clinical Record - Tissue Examination SF 519-A - Radiographic Report SF 519-B - Radiologic Consultation Request Form SP 520 - Electrocardiographic Record SF 522 - Request for Administration of Anesthesia and Performance Operations and Other Procedures SF 523 - Authorization for Autopsy SF 541 - Cytology SF 546 - Chemistry I

SF 547 - Chemistry II SF 548 - Chemistry III SF 549 - Hematology SF 550 - Urinalysis SF 551 - Serology SF 552 - Parasitology SF 553 - Microbiology I SF 557 - Miscellaneous Lab Work SF 558 - Emergency Care and Treatment SF 600 - Chronological Record of Medical Care

2.5.2. Other Forms

DD-2808 Report of Medical Examination DD-2807-1 Report of Medical History FD Form 258 FBI US Department of Justice Fingerprint Card

3.0. SCOPE

3.1. The Contractor shall provide off-site radiological interpretations five (5) days a week, Monday through Friday from 8:00 am to 7:00 pm EST via Teleradiology. The contractor shall utilize the PACSCare-RIS website for the transmission of radiology data. The Contractor shall determine the number of radiologists required to perform the services and meet the standards in this contract. The Coast Guard and the Contractor are each responsible for their own equipment.

3.2. The Contractor must provide all modalities of complete Teleradiology services to all locations listed in Attachment I of the RFQ. The Contractor must ensure that all interpretations and final reads conform to the specific demands of Coast Guard Medical Providers. Any interpretations and final reads improperly processed shall be re-interpreted with the provision of the correct final read at no cost to the Coast Guard. Any incorrect interpretation leading to incorrect final read shall be considered a Contractor fault. In all instances of re-interpretations, the “no-cost” requirement is based on the Contractor being at fault in meeting the requisites of the work requested listed in Section 5.0 of the PWS. If the Contractor disputes the responsibility for non-compliant work product, the Contractor may submit the dispute to the COR in writing via electronic mail for a final determination within five (5) business days.

4.0. APPLICABLE LAWS, REGULATIONS, DIRECTIVES, REFERENCES, and DOCUMENTS

a. The Contractor and all Contract Healthcare Providers shall be guided by and comply with the following laws, regulations, and directives. The Contract Healthcare Providers shall become familiar with these requirements, paying particular attention to the areas that affect performance requirements contained in this contract. Contract Healthcare Providers shall update their knowledge of the applicable requirements on a continuing basis.

b. The Contractor shall keep all issued publications up-to-date. Supplements or amendments to the listed publications may be issued during the life of the contract. The Contractor shall immediately implement those changes that result in a decrease or no change in the contract price. Before implementing any change that will result in an increase in the contract price, the Contractor shall submit to the Contracting Officer a price proposal for approval. Price proposals shall be submitted within 30 calendar days from the date the Contractor receives notice of the revision, supplement, or amendment giving rise to the increase in cost of performance. The Government will make the final determination whether to implement changes that result in an increase in price.

PUBLICATION TITLE

COMDTINST M6000.1D Coast Guard Medical Manual COMDTINST M5520.12C Coast Guard Personnel and Security Manual Public Law 93-579, 5 U.S.C.

§552a

The Privacy Act of 1974

PL 101-647m, Section 231 PL 102-190, Section 1094 Public Law 104-191, 42 U.S.C.

Health Insurance Portability and Accountability Act (HIPAA) of 1996

42 U.S.C. §1304.1 Crime Control Act of 1990 as amended by Public Law 102- 190, Section 1094

CFR (Code of Federal Regulations)

46 CFR Parts 5, 10, 11, 12, 13, 15, 16; 46 U.S.C. Parts E and F; and, Applicable Federal Register

Homeland Security Presidential Directive 12 (HSPD-12)

5.0. TECHNICAL REQUIREMENTS

5.1. General Tasks

5.1.1. Kick-Off Meeting. The Contractor shall attend a Kick-Off Meeting with the Coast Guard no later than five (5) business days after the date of award. The purpose of the Kick-Off Meeting is to discuss technical and contracting objectives of the contract. The location for the Kick-Off Meeting will be in Norfolk, VA. The Contractor will be notified at time of award with more specific details.

5.1.2. Productivity Reports. The Program Manager shall provide a quarterly productivity report to the Contracting Officer and the COR/ACOR via electronic mail. This report shall include a summary of all Contractor work performed (completed cases) and assessment of errors and re-fabrication.

5.1.3. General Documentation Requirements. The Contractor shall provide an invoice with the correct date on day of submission in accordance with the guidance in Attachment IV – Terms and Conditions, Section D. To expedite process for payment, invoices must be submitted via electronic mail as specified herein.

5.1.4. Protection of Information. Contractor access to information protected under the Privacy Act is required under this contract. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation.

5.2. Specific Tasks

5.2.1. The contractor/radiologist shall read diagnostic films labeled as STAT within 24 hours of them being received by Contractor. The clinic will inform all necessary parties involved when a STAT study is ready for interpretation. The Contractor shall make the interpreting radiologist immediately available for clinic personnel to discuss the findings or get a preliminary reading of all STAT films.

5.2.2. The clinics will push via the PACSCare-RIS website radiology studies to the Contractor throughout the day, which includes all pertinent information required for the interpreting radiologist to complete the read (i.e. pertinent history, reason for exam). The clinic will use the available website to confirm to the Contractor which studies are to be interpreted. The Contractor shall check their system at intervals of their choosing to comply with the 72-hour turnaround time for routine studies.

5.2.3. The Contractor shall keep their receiving computers operational at all hours to accommodate incoming transmissions. The Contractor shall check their system at intervals of their choosing to comply with the primary mission of providing “routine” studies within 72 hours of transmission from the clinics.

5.2.4. The Contractor/Radiologist will prepare all records and reports as may be required in support of services rendered and as required by the clinic and Federal law/regulation. The Contractor shall maintain a log of discrepant interpretations comparing preliminary reads to final reading/reports for Quality Assurance purposes ensuring discrepancies are minimized. Upon request, these reports shall be made available within two (2) business days.

5.2.5. Some exams may consist of more than one x-ray/study but shall only be billed as one study. Examples of such examinations would include bilateral studies such as bilateral knees, wrists, or legs, etc.

5.2.6. The Contractor shall participate in the clinics Quality Improvement Programs as required to meet the standards of the Accreditation Association of Ambulatory Health (AAAHC) for certification. The Healthcare Process Assessment Program (HPAP) Guide Section 5, Radiology and the Quality Improvement Implementation Guide QIIP 26.

5.2.7.The Contractor shall participate in support of patient care conferences, team conferences, professional staff conferences and other appropriate professional activities only to the extent that such attendance and participation is relative to exams assigned to the Contractor.

Participation, if required, shall be telephonic.

5.2.8. The Contractor shall facilitate patient care by recommending to the servicing Coast Guard clinic the appropriate referrals to other health care providers in accordance with policies and regulations of HSWL. Any final determination regarding these referrals will be made by the Government..

5.2.9. Coast Guard clinics are part of the Department of Defense HMO program called TRICARE and as such, the Contractor staff shall be required to adhere to all TRICARE rules. Information on the TRICARE program may be obtained at https://www.tricare.mil.

5.2.10. Business Coverage. The Contractor’s Program Manager and Alternate Program Manager, as required by Section 7.1 of the PWS, will act as the Contractor’s representative and be responsible for the administration and coordination of this contract. During normal business hours, the Contractor shall arrange for the Radiologists to perform Radiologists’ Services required by this contract. The Contractor shall ensure Radiologists devote sufficient amount of time as is necessary for the provision of the Radiologists’ Services required by this contract.. If film quality on any radiological study is deemed lacking by a Radiologist, the Contractor shall notify the clinic as soon as immediately practical. The Contractor or its Contractor personnel shall not release clinic medical information.

5.2.11. License. The Contractor may subcontract with third party service providers to perform such duties. The Contractor shall use reasonable care in selecting Radiologists who are Board Certified and able to perform duties stated in this contract. All Radiologists shall be (i) licensed to practice medicine in the respective state and any/all other required state(s), and (ii) duly qualified or certified as a physician specializing in radiology (Must be board certified by the ABR or equivalent).

5.2.12. Transcription Equipment. Each of the Contractor’s transcriptionists that perform work on this contract shall be HIPAA certified and maintain HIPAA certification.

5.2.13. Medical Practice. At its sole discretion, the Contractor shall conduct off-site interpretations of Exam Information at any location it deems desirable providing there shall be no material delay in providing any written or electronic reports required in this contract. The locations selected by the contractor must be such as to retain security of personally identifiable information (PII) contained in the data provided.

5.2.14. Quality Improvement Program. The Contractor shall implement a quality improvement program with respect to the Exam Information by performing “over reads” on at least 2% of the total volume interpreted at the Contractor’s facility on a daily basis (the “Quality Assurance Program”). A copy of these quality assurance reports shall be furnished in writing and sent electronically to the clinic point of contact and copy to the HSWL SC to the clinic’s to incorporate into their QA minutes. A formal process will be developed for handling clinical discrepancies found by clinic staff particularly if there is patient harm.

5.2.15. Alternative Arrangements. During the term of the contract, HSWL COR and the Contractor may mutually agree upon alternative mechanisms for the delivery, interpretation and return of Exam Information, including the use of telemedicine procedures, and e-mail or Internet capabilities. Such mechanisms will be set forth in writing by HSWL and the Contractor via a contract modification.

5.2.16. Generation of Written Reports. The Contractor shall generate written reports of Radiologists’ Services under the contract, including patient lay summaries. The Contractor shall forward such reports and/or lay summaries directly to the respective clinic. Once forwarded to the clinic by the Contractor, the Contractor shall not be responsible for any further storage or retention of any images, text or other related information so forwarded. Unless separately agreed to by the parties in writing, any storage or deletion of information created by the Contractor shall be at the Contractor’s sole discretion. The clinic will have the sole responsibility for sending and tracking any reports and/or summaries directly to patients within the designated time guidelines as required by the MQSA. If a Coast Guard medical Provider disagrees with the report (interpretation) issued by the contracted radiologist, the Contractor will have a process in place for quality assurance review, over-read and appeal.

Copies of statistical reports collected and stored shall be forwarded to the respective clinic. In the event the Contractor receives transmitted digital radiological images technically unacceptable for interpretation, a notification will be sent to the referring clinic within one (1) business day. The Government will be responsible for any incurred costs for retransmission.

5.2.17. Technology Performance. All information exchanged between the parties shall be electronically transmitted from the clinic to the Contractor utilizing the VPN (Virtual Private Network). Encryption shall be used to secure the data being transmitted. Transmissions via secure means must be HIPAA compliant. HSWL employs DINPACS (Digital Imaging Network Picture Achieves Communication Systems). Each Coast Guard clinic currently has a limited PACS. The Contractor cannot log into a single secure VPN and access the studies throughout the Coast Guard. The Contractor shall use DINPACS level imaging equipment equal to or greater quality as the clinic. It is acknowledged and agreed to by the Contractor and clinic that many of the products and services provided pursuant to the terms of the contract are dependent upon the availability of advanced technology and communications equipment. While both the Contractor and the clinic will use their best efforts to insure the availability and performance of all technology and equipment, neither provides any warranty or guarantee as to the continued availability or reliability of such technology. Further, neither shall be responsible to the other for any economic or other losses arising out of any technology failure or temporary unavailability.

5.2.18. Storage of Digital Images. There is no storage requirement for this contract. Images shall be discarded in such a manner that they are completely destroyed or deleted and personal health information (PHI) is not compromised.

5.3. License and Credentials Submission Requirements.

5.3.1. The Contractor shall submit to the COR/ACOR electronically for each Radiologist, within two (2) business days after award, copies of the following documentation in order to be evaluated for technical acceptability prior to any Radiologist starting work:

a) A diploma or certificate from an accredited School of Medicine.

b) A current certification from the American Board of Radiology.

c) Proof of insurability against malpractice in the amount of one million dollars per occurrence.

d) At least two (2) letters of recommendation from recent employers addressing Radiology services.

5.3.2. Prime Source Verification is the responsibility of the Contractor. The Contractor shall provide either an original letter from the educational institution or certifying body attesting to the successful completion of specialty training or certification within two (2) business days after award. Attestation of telephonic verification on Contractor letterhead is also acceptable and shall reflect the following information:

a) Date of verification.

b) Name of individual and agency contacted.

c) City, State, Phone Number and verification made (i.e., degree (type and dates)).

d) Internship (type and dates).

e) Residency (name and dates of specific program).

f) Fellowship (name and dates of specific program).

g) Board certification (date certified and expiration date if applicable).

h) Licensure/certification/registration (current, inactive, expired) to include date granted, expiration date, and confirmation that the licensure/certification/registration is in good standing.

5.3.3. The Contractor shall verify technical acceptability with the COR/ACOR prior to any Radiologist providing services. Again, providers SHALL NOT begin work until the license and credential submission review process is complete.

5.3.4. The Contractor shall, on a continuing basis, verify all information submitted to the Coast Guard for the purpose of technical acceptability. During the term of the contract, the Contractor shall notify the COR/ACOR upon becoming aware of any information that may compromise the provider’s credentials. This includes, but is not limited to, information linking the provider with chemical dependency, a felony or malpractice. The information will be reviewed by the COR/ACOR and may result in the Radiologist being found technically unacceptable therefore rendering the contract employee unable to perform under this contract.

5.3.5. The Contractor shall not employ any individual to provide direct healthcare services whom, within 5 years prior to employment:

a. Has had his/her clinical privileges limited, suspended, or revoked by any healthcare facility, public or private, anywhere in the world.

i) This prohibition does not apply to any individual whose clinical privileges, although originally limited, suspended or revoked by a healthcare facility, were subsequently fully reinstated by the healthcare facility.

ii) Limitation of clinical privileges, as used in this paragraph, refers to a partial withdrawal/reduction of clinical privileges as a result of a determination or pending investigation determining whether an individual has engaged in unprofessional conduct or substandard medical practice or is incompetent to perform certain medical practices.

b. Is the subject of a current or pending hearing or appeal brought by any healthcare facility, public or private, anywhere in the world, which may result in the limitation, suspension, or revocation of the individual's clinical privileges.

5.4. Contractor-Furnished Resources. The Contractor shall furnish all facilities, materials, equipment, and services necessary to fulfill the requirements of the contract, except for the Government Furnished Property/Information specified herein.

5.5. Government-Furnished Resources. None.

5.5.1. HSWL will establish and maintain computer network and VPN (Virtual Private Network) connectivity with the Contractor during the life of this contract. Images are furnished to the Contractor by computer network.

5.5.2. In case DINPACS or the VPN become unavailable, the respective clinic will use the following procedures as backup if deemed necessary:

NOTE: Shipping via x-ray case will only occur if and when the VPN connection becomes unavailable, for a period exceeding 24 hours. The Contractor will be furnished a telephone number to submit the results via facsimile when completed. Once the VPN connection is restored, all images will be sent via the VPN.

a. The Government will furnish all x-rays and Standard Forms 519B for diagnostic radiological interpretations. X rays and forms are sent via the PACSCare-RIS website.

b. All x-rays and accompanied forms will remain the property of, and subject to the exclusive control of, the U.S. Government. All reports and documents prepared by the Contractor in fulfillment of this agreement will become the property of the U.S. Government.

CONTRACTOR SHALL NOT RETAIN ORIGINAL OR COPIES OF PHI.

6.0. DELIVERABLES

DELIVERABLE / EVENT DUE BY

Radiologist/HCP Documentation Submission

No later than two (2) business days after the date of the award

Kick-Off Meeting No later than five (5) business days after the date of the award

Contractor Quality Control Plan After initial approval, if the plan is updated or changed, it shall be re-submitted for approval.

Monthly Invoice Not later than the tenth (10th) of every month for the previous month.

Quarterly Productivity Report Not later than the 5th of every 3rd month for the previous 3 months.

Contract Discrepancy Report Within five (5) days after receipt.

7.0. CONTRACTOR PERSONNEL

7.1. Qualified Personnel

7.1.1. Radiologists/HCPs. The Contractor shall ensure that each Radiologist/HCP possesses and maintains a valid, unrestricted license to practice medicine in one of the 50 United States, District of Columbia, or the Commonwealth of Puerto Rico, and does not need the license to be specific to the state in which the services are provided. The Contractor shall provide Radiologists who are licensed to read studies received from any of the Coast Guard Clinic locations specified in Attachment I of the RFQ. An individual Radiologist is not required to have a license for all the Coast Guard Clinic locations.

7.1.2. Key Personnel. The Contract shall provide a Program Manger (PM) and an Alternate Program Manager (APM) to ensure that all requirements of the PWS are met and to provide Contract Administration. The PM/APM shall be the single point of contact for the Government in resolving all matters related to the Contract.

a. The PM/APM shall have, at a minimum, a Bachelor's Degree in Business Administration, Marketing, Healthcare Management, Health Services Administration, Healthcare Resource Management or other area that demonstrates the ability to fulfill the requirements of the Contract; and,

b. A minimum of five (5) years experience managing multi-site healthcare related services.

7.2. Contractor Radiologists shall meet the following Qualifications:

7.2.1. Must be a Doctor of Medicine (MD) or Osteopathy (DO) who has successfully completed an approved residency program in radiology and is board certified in radiology.

7.2.2. Must be certified by the American Board of Radiology, American Osteopathic Board of Radiology, or equivalent, in Diagnostic Radiology.

7.2.3. RESERVED.

7.2.4. Have a minimum of two years experience as a practicing provider in the field of radiology in the last three years. Residency time counts as practicing experience. Time spent in an administrative capacity as a claims reviewer, medical school instructor, medical director, etc.

does not qualify as practicing time.

7.2.5. Shall be capable of interpreting studies on all ages of patients. The radiologists shall be certified as current and maintain such certification at all times to be compliant with the American Board of Radiology standards for reading all modalities of radiographic images. The standards may be changed by the FDA and American Board of Radiology at any time and the Contractor shall remain current to meet all requirements. This includes meeting the minimum required number of reads per month/year.

7.3. Non-Personal Services. It is a matter of policy within the United States Government to rely on the private sector for needed commercial services. However, using contractor support must be done in a way that does not interfere with the Government’s ability to effectively create government policy, monitor contractor performance, or maintain a competent and highly-skilled workforce. Information provided herein sets forth guidance stating the Government’s limitation on contractors performing personal services and its restriction of contractors performing inherently governmental activities for government requirements.

7.3.1. In accordance with federal procurement policies and regulations, no personal services or inherently governmental activities shall be performed under this contract. No contractor employee will be directly supervised by a Government employee. All individual contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the contractor believes any Government action or communication has been given that would create a personal services relationship and/or result in a contractor performing inherently governmental activities between the Government and any contractor employee, the contractor shall promptly notify the Contracting Officer of this communication, direction or action.

7.3.2. No contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, contractor employees shall identify themselves as contractor employees by specifying the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the contractor employee shall state that they have no authority to in any way to change requirements and that if the other contractor believes this communication to be a direction to change their contract, they should immediately notify the Contracting Officer and not carry out the direction until a clarification has been issued by the Contracting Officer.

7.3.3. An activity may be provided by contractor support where the contractor does not have the authority to decide on the course of actions, but is tasked to develop options or implement a course of actions with agency oversight. Furthermore, a commercial activity related to the procurement of these contract requirements is not so intimately related to the public interest as to mandate performance by Government personnel.

7.3.4. The contractor shall ensure that all of its employees supporting the contract requirements are informed of the substance of this stipulation. Nothing in this requirement shall limit the Government’s rights in any way under any other provision, including those related to the Government’s right to inspect and accept the services to be performed in accordance with this contract. The substance of this contract shall be included in all subcontracts at any tier and/or teaming arrangements.

7.4. RESERVED..

7.5. The Contractor shall ensure all contract personnel performing under this contract shall meet the following requirements:

7.5.1. All Contractor personnel providing services under this contract shall be able to read, write, and speak English to communicate effectively with Coast Guard healthcare providers.

7.5.2. Meet Health Insurance Portability and Accountability Act of 1996 (HIPAA) standards as required by HSWL.

7.6. Administrative

7.6.1. The Contractor shall provide adequate pre-credentialed replacement physicians to prevent any lapses in coverage. The Coast Guard’s credentialing process can take up to 30 days. Any lapse in coverage will be considered as cause for immediate grounds for termination of the Contract, at the discretion of the Government.

7.6.2. Coast Guard HSWL SC will provide orientation to familiarize the Contractor with Coast Guard policies and procedures. The orientation may be on the phone or in person at CG HSWL Field Offices. Orientation does not require a visit to CG HSWL Field Offices. Trips to any CG HSWL Field Offices by the Contractor, its employees, or agents shall not be at Government expense.

7.7. Crime Control Act of 1990. No performance under this contract will be allowed without full compliance with the Crime Control Act of 1990 and Department of Defense Instruction 1402.5 dated 19 January 1993. Background checks will be based on fingerprints of individuals obtained by a law enforcement officer and inquiries will be made, based on the Standard Form 85-P completed by the Contractor provider, through the Federal Bureau of Investigation (FBI) and state criminal history repositories. All individuals who are required to complete the Standard Form 85-P, Questionnaire for Public Trust Positions shall provide the SF85-P documentation via web based E-QIP or a pdf format via email as an attachment in accordance with Coast Guard Security Policy and Management. In accordance with the Homeland Security Presidential Directive 12 (HSPD-12), this is required for anyone who has continued routine access to a Government facility or computer system.

7.8. Reports. RESERVED.

7.9. Safeguarding Material. The Contractor shall be responsible for safeguarding all Government property provided for Contractor use. The Contractor shall safeguard information of a confidential or sensitive nature. Neither the Contractor nor any of its contract employees shall disclose or cause to be disseminated any information concerning the operation of the Clinic that could result in, or increase the likelihood of, the possibility of breach of security or interrupt the continuity of operations or which breach the requirements of the Federal Privacy Act of 1974.

However, the Contractor may be required to provide testimony or deposition in lawsuits or other administrative, civil, or criminal proceedings.

7.10. Billing. Billing shall occur in arrears not later than the tenth of every month after the month in which work is performed. The Government will only pay for studies read. The Contractor shall only submit payment requests for studies read. Submitting a payment request for more than the amount due based on the number of studies read may constitute fraud or a false claim and may result in administrative or criminal action or both.

7.11. Conflict of Interest. The Contractor shall not employ any person who is an employee of the United States Government if that employment would or would appear to cause a conflict of interest.

7.11.1. The Contractor shall not bill the patient for services rendered under this contract and shall ensure that its employees do not do so. The Contractor is prohibited from receiving compensation of any kind for patients treated, procedures performed, or any other actions performed, except under the terms and conditions of this contract, at the rate specified.

7.11.2. The Contractor shall not, while performing services under this contract, advise, recommend, or suggest to persons eligible to receive medical care at Government expense that such persons should receive care from the Contractor or contract employees at any place other than as designated under this contract and shall ensure that its employees do not do so.

a. Standards. The 2nd column titled “Standard” summary defines the standard of performance for each listed Required Service.

b. Allowable Deviation. The 3rd Column titled “Acceptable Quality Level” sets forth the maximum allowable deviation from the standard for performance that may occur before the Government will invoke the payment computation formula resulting in a payment of less than 100 percent of the maximum payment for the Required Service.

c. Method of Surveillance. The 4th column titled “Method of Surveillance” sets forth the surveillance methods the Government will use to evaluate the contract performance in meeting contract standards for the Required Service.

d. Task Value. The 5th column titled “Deductible Percentage for Not Meeting the Performance Requirement” sets forth the allowable deviation from full performance of the contract price for each “Required Service”.

The PRS table below reflects the deliverables considered by the USCG to be most important for the successful performance of this contract. This includes the expected standards of performance and planned reductions for not meeting those standards.

REQUIRED SERVICE STANDARD ACCEPTABLE

QUALITY

LEVEL (AQL)

METHOD OF

SURVEILLANCE

DEDUCTABLE

PERCENTAGE FOR

NOT MEETING THE

PERFORMANCE

REQUIREMENT

Read STAT diagnostic studies within 24 HOURS of transmission from CG clinics; and, interpreting radiologist shall be immediately available to discuss findings with CG Providers Provides per PWS Section 5.2.1.

Studies must be completed within 24 HOURS of transmission.

Due to critical nature of STAT studies as they relate to direct patient care; requirement is absolute and allows for no deviation, unless due to acts of God.

100% Customer Complaints.

Deduction up to 5% of monthly contract amount per contract healthcare provider for each complaint in excess of the AQL.

Interpret and transcribe all reports within 72 hours after transmission and report to the CG as described in PWS Section 5.2.2.

100% of Routine studies shall meet the TAT of 72 hours.

95% Customer Complaints

Deduction up to 5% of monthly contract amount per contract healthcare provider for each complaint in excess of the AQL.

7.10. Billing. Billing shall occur in arrears not later than the tenth of every month after the month in which work is performed. The Government will only pay for studies read. The Contractor shall only submit payment requests for studies read. Submi...