Solicitation_IHS5419318.pdf

Optometrist Services Chinle Comprehensive Health Care Facility

Solicitation Number: IHS5419318 Issue Date: 02/19/2019

Closing Date: 02/26/2019

This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This synopsis/solicitation notice is a request for proposals for a Requirements Type contract for Non‐Personal Service Contract for a Contractor to provide Optometry Physician healthcare providers to the Chinle Comprehensive Health Care Facility (CCHCF), Navajo Area Indian Health Service (IHS) throughout the duration of the contract period of performance, which is from Date of Award through 06/07/2019. Services shall be performed in accordance with the attached Performance Work Statement (PWS) CSU‐19‐01 OD. Refer to the PWS for Shift hours. The assignment is through the stated period of performance or until the position is filled with a permanent hire. In such instances, the provider will be released from contract assignment.

The Chinle Comprehensive Health Care Facility (CCHCF) is based in Chinle, Arizona (Northeast Arizona near Canyon De Chelly National Monument). The CCHCF is a 60 bed hospital which serves as the health care hub for the region. The medical staff includes Family Physicians, Internists, Pediatricians, General Surgeons, OB/GYN's, Anesthesiologists, and a Psychiatrist. In addition to routine outpatient and inpatient primary care, services available to our patients include: Adult Intensive Care, General Surgery (including laparoscopic surgery), routine and operative Obstetrics, and 24‐Hour Emergency Room Services. Health care services are provided to approximately 37,000 active users. Strong Navajo cultural traditions exist within the community, offering an opportunity to learn the Navajo language, or to learn about traditional Navajo medicine. The service unit is located on the Colorado Plateau with excellent opportunities for photography, hiking, running, road biking, cross country skiing, and mountain biking. Canyon de Chelly National Monument is within 5 miles of the hospital and is a wonderful place for exploring and sightseeing, running and mountain biking.

The Contractor shall provide an all‐inclusive rate, and is responsible for all costs associated with providing said services, i.e. travel, per diem, lodging/housing, etc. Government quarters are currently not available, but Chinle, AZ has (3) hotels in the immediate area. The Contractor shall be responsible for housing respective providers if there are no government quarters available. Upon selection, the provider will be placed on a waiting list to acquire Government quarters. If Government housing becomes available, the provider shall contact the CCHCF Housing Services Department, and make rental/payment arrangements; telephone number 928‐674‐7303.

EVALUATION CRITERIA

The Government reserves the right to issue a single award to a contractor whose quote represents the best value as defined by FAR

2.101. In determining best value, Price and other Evaluation Factors will be considered: Past Performance, Experience, and Qualifications of the provider. The Evaluation Factors and significant sub factors when combined are significantly more important than cost or price. As part of the evaluation process, candidates may be interviewed to ensure their understanding of the PWS and to verify their qualifications to perform required services. The socio‐economic status of an offer may also be considered, should one or more quotes represent the best value.

SUBMITTAL PROCESS

To be considered for award, your offer shall include the following documents:

1) Pricing: Complete and sign Fee Schedule (attached). The Government will consider competitive rates upon negotiation.

CCHCF will consider competitive rates upon negotiation, and will obligate funding on a monthly or quarterly basis.

2) Provide complete Candidate Profile: Curriculum vitae, resumes, licensures, and all relative documents for proposed candidates.

3) Provide evidence of Provider’s Experience of comparable scope and complexity in providing services within the past three (3) years.

4) Provide evidence of the Contract Company’s Past Performance of comparable scope and complexity in providing services within the past three (3) years.

5) Provide evidence of adequate amount of malpractice insurance. (Refer to 52.237‐7 Indemnification and Medical Liability Insurance below)

Email you offer to the Contracting Officer (CO) for this action is: Tanya Begay, Supervisory Contract Specialist, 928‐674‐7635.

tanya.begay2@ihs.gov before the Closing Date, 5:00pm MST.

PRE‐SECURITY/FINGERPRINTING CLEARANCE

The selected provider shall comply with Agency Personal Identity Verification procedures identified in the contract that implement Homeland Security Presidential Directive‐12 (HSPD‐12), Office of Management and Budget (OMB) Guidance M‐05‐24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201; this includes fingerprinting guidelines.

Pre‐Security/Fingerprinting must be cleared prior to starting tour of duty and incurring costs.

If provider is selected, then the Contractor and provider shall provide the following Pre‐Security/Fingerprinting documents.

1) Complete Resume

2) OIG Clearance

3) Licenses/Certifications (ACLS, PALS, BLS, TNCC, Diplomas etc.)

4) Copy of school transcripts

5) Declaration of Federal Employment (Typed/Original Signature)

6) Child Addendum (Typed/Original Signature)

7) OFI Form 86C

Selected provider will be subject to a pre‐employment fingerprint check.

Selected provider will be subject to a background investigation.

CLAUSES AND PROVISIONS

52.204‐9 Personal Identity Verification of Contractor Personnel (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive‐12 (HSPD‐12), Office of Management and Budget (OMB) guidance M‐05‐24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government‐provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employees employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractors employees are required to have routine physical access to a Federally‐controlled facility and/or routine access to a Federally‐controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally‐Controlled Facility and/or routine access to a Federally‐Controlled Information System.

52.216‐18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through 10/31/2019.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216‐21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its own capabilities.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 10/31/2019.

52.217‐8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days.

52.233‐2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Hand‐Carried Address: Navajo Area Indian Health Service, Division of Acquisition Management & Contracts, P.O. Box 9020, Highway 264 & St. Michael Road, (NAIHS Complex Room No. 119), St. Michaels, Arizona 86511.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.237‐7 Indemnification and Medical Liability Insurance (Jan 1997)

(a) It is expressly agreed and understood that this is a nonpersonal 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: $1,000,000 per occurrence; $3,000,000 aggregate.

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

(c) Liability insurance may be on either an occurrences basis or on a claims‐made basis. If the policy is on a 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) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims‐made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such 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 reporting 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 (f), in all subcontracts under this contract for 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.

Department of Health and Human Services Applicable Clauses:

352.202‐1 Definitions. (JAN 2006) 352.224‐70Privacy Act (DEC 2015) 352.226‐1Indian Preference (DEC 2015) 352.226‐2Indian Preference Program (DEC 2015)

352.237‐70 Pro‐Children Act. (Dec 2015) (a) Public Law 103‐227, Title X, Part C, also known as the Pro‐Children Act of 1994 (Act), 20 U.S.C. 7183, imposes restrictions on smoking in facilities where certain federally funded children's services are provided. The Act prohibits smoking within any indoor facility (or portion thereof), whether owned, leased, or contracted for, that is used for the routine or regular provision of: (i) kindergarten, elementary, or secondary education or library services or (ii) health or day care services that are provided to children under the age of 18. The statutory prohibition also applies to indoor facilities that are constructed, operated, or maintained with Federal funds.

(b) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all subcontracts awarded under this contract for the specified children's services. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Each day a violation continues constitutes a separate violation.

352.237‐71 Crime Control Act of 1990‐Reporting of Child Abuse (Dec 2015)(a) Public Law 101‐647, also known as the Crime Control Act of 1990 (Act), imposes responsibilities on certain individuals who, while engaged in a professional capacity or activity, as defined in the Act, on Federal land or in a federally‐operated (or contracted) facility, learn of facts that give the individual reason to suspect that a child has suffered an incident of child abuse.

(b) The Act designates covered professionals as those persons engaged in professions and activities in eight different categories including, but not limited to, teachers, social workers, physicians, dentists, medical residents or interns, hospital personnel and administrators, nurses, health care practitioners, chiropractors, osteopaths, pharmacists, optometrists, podiatrists, emergency medical technicians, ambulance drivers, alcohol or drug treatment personnel, psychologists, psychiatrists, mental health professionals, child care workers and administrators, and commercial film and photo processors. The Act defines the term child abuse as the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.

(c) Accordingly, any person engaged in a covered profession or activity under an HHS contract or subcontract, regardless of the purpose of the contract or subcontract, shall immediately report a suspected child abuse incident in accordance with the provisions of the Act.

If a child is suspected of being harmed, the appropriate State Child Abuse Hotline, local child protective services (CPS), or law enforcement agency shall be contacted. For more information about where and how to file a report, the Childhelp USA, National Child Abuse Hotline (1‐800‐4‐A‐CHILD) shall be called. Any covered professional failing to make a timely report of such incident shall be guilty of a Class B misdemeanor.

(d) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.

352.237‐72 Crime Control Act of 1990‐Requirement for Background Checks (Dec 2015)(a) Public Law 101‐647, also known as the Crime Control Act of 1990 (Act), requires that all individuals involved with the provision of child care services to children under the age of 18 undergo a criminal background check. Child care services include, but are not limited to, social services, health and mental health care, child (day) care, education (whether or not directly involved in teaching), and rehabilitative programs. Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be grounds for denying employment or for dismissal of an employee providing any of the services listed above.

(b) The Contracting Officer will provide the necessary information to the Contractor regarding the process for obtaining the background check. The Contractor may hire a staff person provisionally prior to the completion of a background check, if at all times prior to the receipt of the background check during which children are in the care of the newly‐hired person, the person is within the sight and under the supervision of a previously investigated staff person.

(c) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all applicable subcontracts awarded under this contract. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.

Health Insurance Portability and Accountability Act (HIPAA) The Indian Health Service (IHS) is required to comply with HIPAA in the provision of health care to IHS patients. HIPAA was implemented by the U.S. Department of Health and Human Services, Office of Civil Rights, under the Code of Federal Regulations, Part

160 and 164. Accordingly, all health care providers, including contracted health care providers are required to comply with HIPAA requirements (Full text will be furnished upon request).

ADDITIONAL APPLICABLE FEDERAL ACQUISITION CLAUSES

The following clauses are Incorporated by Reference and can be viewed in full text at https://www.acquisition.gov/browse/index/far 52.202‐1 Definitions (Nov 2013) 52.203‐5 Covenant Against Contingent Fees (May 2014) 52.203‐6 Restrictions on Subcontractor Sales to the Government (Sep 2006) 52.203‐6_Alternate I 52.203‐7 Anti‐Kickback Procedures (May 2014) 52.203‐17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204‐7 System Award Management (Oct 2016) 52.204‐19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209‐5 Certification Regarding Responsibility Matters (Oct 2015) 52.209‐11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony conviction under any Federal Law (Feb 2016) 52.212‐4 Contract Terms and Conditions‐Commercial Items (Oct 2018) 52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders‐Commercial Items (Jan 2019) 52.222‐50 Combating Trafficking in Persons (Jan 2019) 52.223‐18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.224‐1 Privacy Act Notification (Apr 1984) 52.224‐2 Privacy Act (Apr 1984) 52.225‐13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.225‐25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran‐Representation and Certifications (Aug 2018) 52.229‐3 Federal, State, and Local Taxes (Feb 2013) 52.232‐18 Availability of Funds (APR 1984) 52.232‐33 Payment by Electronic Funds Transfer System for Award Management (Jul 2013) 52.232‐39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232‐40 Providing Accelerated Payments to Small Business Sub‐Contractors (Dec 2013) 52.233‐3 Protest after Award (Aug 1996) 52.233‐3_Alternate I 52.233‐4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237‐2 Protection of Government Buildings, Equipment, and Vegetation (Aug 1984) 52.244‐6 Subcontracts for Commercial Items (Jan 2019)

LIST OF ATTACHMENTS

‐Performance Work Statement (PWS No. CSU‐19‐01 OD) ‐Pricing Schedule ‐Contractor Performance Assessment Report (CPAR) Standard Evaluation

Line Item Position Description Estimated Quantity Unit Base Unit Price Estimated Price

1 Nonpersonal Optometrist Services All Inclusive Rate

Regular/Overtime hourly rate 560 hours $ $

Signature:

Contractor Representative Date

DUNS #:

Note 1

Nonpersonal Service Contract ‐‐ Chinle Comprehensive Health Care Facility

Pricing Schedule for Nonpersonal Services ‐ FY 2019

The hours specified in the pricing schedule are estimates only. If the Governments requirements do not result in orders in the quantities described as estimated in the pricing schedule, that fact shall not constitute the basis for an equitable price adjustment.

(When Filled In)

(CPAR) -

(Source Selection Sensitive Information)(See FAR 3.104)

(Division)

(If not in item 1)

(If applicable)

(Highlight key components, technologies and requirements; key milestone events and major modifications to contract during this period.)

(When Filled In)

Navajo Tribal Utility Authority

HWY 12 N

Fort Defiance, Arizona 86504

X

10/01/2017 - 09/30/2018

3LUJ4 800021990 HHSI245201800083G

Chinle Comprehensive Health Care Facilityd

(Contractor’s Option)

Note: To justify an Exceptional rating, you should identify multiple significant events in each category and state how it was a benefit to the GOVERNMENT. However a singular event could be of such magnitude that it alone constitutes an Exceptional rating. Also there should have been NO significant weaknesses identified.

Note: To justify a Very Good rating, you should identify a significant event in each category and state how it was a benefit to the GOVERNMENT. Also there should have been NO significant weaknesses identified.

Note: To justify a Satisfactory rating, there should have been only minor problems, or major problems the contractor recovered from without impact to the contract. Also there should have been NO significant weaknesses identified.

Note: To justify Marginal performance, you should identify a significant event in each category that the contractor had trouble overcoming and state how it impacted the GOVERNMENT. A Marginal rating should be supported by referencing the management tool that notified the contractor of the contractual deficiency (e.g,. Management, Quality, Safety or Environmental Deficiency Report or letter).

Note: To justify an Unsatisfactory rating, you should identify multiple significant events in each category that the contractor had trouble overcoming and state how it impacted the GOVERNMENT.

However, a singular problem could be of such serious magnitude that it alone constitutes an unsatisfactory rating. An Unsatisfactory rating should be supported by referencing the management tools used to notify the contractor of the contractual deficiencies (e.g. Management, Quality, Safety or Environmental Deficiency Reports, or letters).