Mobile_Xray_Small_Procurement_contract (1).pdf

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STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH

SMALL PROCUREMENT CONTRACT

THIS CONTRACT (the “Contract”), is made as of the day of , 20 by and between the STATE OF MARYLAND, acting through the MARYLAND DEPARTMENT OF HEALTH (“Department”), and

(“Contractor”) whose principal office in Maryland is and whose principal business address is

The parties agree as follows:

1. Scope of Contract.

The Contractor shall provide the following goods or services: The Contractor shall provide all of the necessary equipment, supplies and personnel required to support the Contractor’s performance of On-Site Mobile

Diagnostic Imaging Services as referenced and directed by the CTPHC Medical Director or designee to include X-ray services.

(a) The Contractor’s Contractual Staff shall adhere to all licensure and certification requirements established by the Maryland Department of Health and all medical staff bylaws, rules, regulations and guidelines established by CTPHC.

(b) The Bidder’s employees shall meet requirements of the American College of Radiology (ACR). The

Radiographers shall be licensed with the American Registry of Radiologic Technologist (ARRT) and shall be licensed to perform the radiology services they are providing by the Maryland State Board of Radiology.

(c) The Contractor shall provide the names, position descriptions and credentials (education, licensure status, competency, continuing medical education, peer references) of the contracted radiologist(s) and Maryland State License for the radiology technicians employed or used by the Contractor in the provision of services under the Contract.

(d) In the event that a Contractor’s radiologists and technologists are denied clinical privileges in the Medical

Staff, or is denied clinical privileges applicable to his/her field of practice at CTPHC, or in the event that such privileges are revoked, suspended, limited, or not renewed, the Contractor shall be responsible for arranging for the radiologist’s and technologist replacement within a reasonable period of time, such that there is no adverse impact on the delivery of services as required herein. Under no circumstances shall this period of time exceed 60 calendar days. During any interim period, the Contractor shall remain responsible for the delivery of all required services.

2. Bidder Minimum Qualifications

To be considered reasonably susceptible of being selected for award, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

(a) The Bidder shall have 2 years of experience in providing Mobile Imaging Services and interpreting results within the last 5 years. Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its

Bid three (3) references from the past 5 years able to attest to the Bidder’s experience in providing these services.

(b) The Bidder shall be certified by the Centers for Medicare and Medicaid Services (CMS) as required at 42

CFR Part 486. Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid certification as required at 42 CFR 486.

(c) Radiographers employed by the Contractor shall hold a current license with the Maryland

Board of Physicians and shall maintain such licensure throughout the entire term of the Contract. As proof of meeting this requirement, the Bidder shall provide with its bid current licenses of all Radiographers.

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3. Medical Clearance and Vaccination

(a) Each Contractual Staff shall provide a written medical clearance from a licensed physician that states the contractual staff is free from active, reportable, air borne communicable diseases and free from any impairment which would hinder the performance of the tasks and responsibilities assigned to the position. The medical clearance must certify that the contractual staff is able to perform the duties associated with the applicable job description for the position held at CTPHC.

(b) The Contractor shall ensure each Contractual Staff receives an annual Tuberculosis Screen Test (TST) or provides documentation of receipt of a TST completed elsewhere in the last 12 months. This testing shall be offered annually for the duration of the Contract. CTPHC will provide the testing at no cost, if requested. In the event that a

Contractual Staff has a positive TST Screen, he/she will be required to provide documentation of a negative Chest X-ray at the Contractor’s expense. If a Contractual Staff’s Chest X-ray is positive, that Contractual Staff must submit documentation from his or her primary care physician that the Contractual Staff is cleared from tuberculosis and can reasonably perform services under this Contract. Contractual Staffs may not provide services under this Contract if he/she has a positive confirming test for Tuberculosis.

© The Contractor may alternatively submit a Chest X-ray for a Contractual Staff in place of the TST. If the

Chest X-ray provided is from a source outside CTPHC, it will only be valid for a period of 3 months prior to a Contractual

Staff’s start date for providing services under the Contract. If the Contractual Staff’s start date is later than 3 months from when the Contractual Staff received the Chest X-ray, the Contractor must submit a new Chest X-ray for that Contractual

Staff. Once a valid and negative Chest X-ray is provided, the Contractor will not need to submit further Chest X-rays for a

Contractual Staff unless he/she begins to demonstrate symptoms. In the event that a Contractual Staff has a negative TST or Chest X-ray, he/she will be required to complete a ‘Self Screen Symptom Review’ annually in place of a TST. The CTPHC will provide the Self Screen Symptom Review questionnaire annually and each Contractual Staff will be required to sign and return it to the Contract Monitor. Prior to providing services under the Contract, the Contractor shall provide documentation of the MMRV (Measles, Mumps, Rubella and Varicella) vaccination or a record of a positive titer result for each Contractual Staff. CTPHC will also provide the required titer testing at no cost if requested.

(d) Provide documentation of a Hepatitis B vaccination, positive titer result or a signed CTPHC Declination

Form. The CTPHC Policy regarding Hepatitis B, in conjunction with the Joint Commission accreditation, mandates that all healthcare providers, staff or contractual, be offered the Hepatitis B vaccination series, but have the right to decline. In the case that a contractual staff member declines the vaccine, a Declination Form shall be signed.

(f) Provide proof of a negative Drug Screen through an accredited screener. This shall be a 7 panel screen, which tests for the following: Amphetamines, Benzodiazepines, Marijuana/Cannabinoids, Phencyclidine (PCP), Barbiturates, Cocaine and Opiates and will be at the cost of the Contractor. This drug screen shall be completed prior to providing services.

4. Training

(a) CTPHC is required by the Joint Commission to ensure that all staff are provided an initial orientation and annual updates thereafter. Any staff providing direct patient care shall also complete and keep up to date the American

Heart Association Cardiopulmonary resuscitation (CPR) course to include instruction on the use of Automated External

Defibrillators (AED) per CTPHC’s credentialing policy. The Contractor shall be responsible for scheduling Contractual Staff for the required training. Orientation (initial training) shall be completed prior to beginning work at CTPHC. Annual training shall be provided each year by CTPHC within a month of the entry-on-duty training date. In the event of a personal change the Contractor shall be responsible for the required orientation training at no extra cost to CTPHC.

(b) The following criteria have been established for training of contractual staff. Any Contractual staff that works 20 or more hours per week and any medical consultant who provides direct patent care shall attend the complete hospital orientation program, which is approximately 2 ½ days. Annual training (updates) is a 1 day session, which includes

CPR.

(c) Any contractual staff that does not meet the criteria established above shall complete a modified initial orientation and annual training program. The initial orientation is held in a 4 hour time frame and the annual training is a self-paced training program consisting of a manual and any required support materials, which takes approximately 4 - 5 hours to complete.

(d) Contracted staff who have already received certification in CPR with AED do not have to repeat this course at CTPHC so long as they provide CTPHC with a copy of their current certification card from the American Heart

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Association.

(e) The Contractor shall assure that its staff or subcontractors maintain continuing medical education credits in their field of practice consistent with the Maryland licensing authorities. The CTPHC credentialing committee shall review the continuing medical education (CME) requirements every two years to assure that the staff maintain up to date credits.

5. Staff Management

(a) Substitutions: A bidder shall perform continuously for the duration of the Contract, and for so long as performance is satisfactory to CTPHC’s Contract Monitor. The Contractor may not substitute personnel, other than by reason of an individual’s death, sudden illness or termination of employment, without the prior written approval of the

Contract Monitor or designee. To replace any staff, the Contractor shall submit the resumes of the proposed substitute personnel to the Contract Monitor for approval at least one month prior to the effective date of substitution. All proposed substitute personnel shall have qualifications at least equal to those of the replaced personnel.

(b) The Contractor shall provide contact information for a designated Director of Operations/Contact

Person who will be available by telephone and electronically via email on a 24-hour, 7 day/week, and emergency basis.

6. Quality Control Staffing

The Contractor shall do the following:

1. Ensure that all contractual staff complete and sign an Emergency Contact Information Form during the first week of service.

2. Provide a Performance Evaluation annually for all contractual staff.

3. Ensure that the contractual staff maintains time sheets that accurately report the actual hours worked at CTPHC.

4. Provide and monitor the Radiation Detection Badges for its Radiology Technologist.

7. Mobile Imaging Services

(a) The Contractor shall provide Mobile Imaging Services requested by a physician or physician assistant at CTPHC.

(b) The Contractor shall provide Professional interpretations and written results via fax and or to through their online secure website.

(c) Multiple views of one organ or joint are considered one exam for the purposes of the Contract that results from this solicitation.

(d) The Contractor shall be responsible for the cost of all professional interpretations of Mobile Imaging

Services.

(e) Types of X-Ray requests PRN/Short-Notice X-Rays- The Contractor shall conduct X-ray services on an as needed basis (PRN) and within 8 hours of normal State business hours the referral to the Contractor, with results to

CTPHC within 4 hours of normal State business hours.

(f) Urgent/STAT X- Rays- CTPHC’s has determined critical results as the following: New Pneumonia;

Pneumothorax; Fracture or Dislocation; Pneumoperitoneum; Ruptured Organ or Tuberculosis. The Contractor shall conduct

Wet Reading of x-rays for STAT or urgent X-rays within two (2) hours of a request. The Contractor shall telephone CTPHC within two (2) hours with STAT or critical results. Also there will need to be ultrasound and 2D echocardiograms completed as well.

(g) Imaging and Summary Results: All imaging results shall be in typewritten or computerized format.

Typed signatures shall be provided by the Contractor. The Contractor shall provide the Contract Monitor with a copy of the imaging results and film.

(h) The Contractor shall provide a summary of services, listing patient and test, to the CTPHC Contract

Monitor monthly on a date mutually agreed upon by CTPHC and the Contractor.

(i) All imaging results done under the terms of the Contract shall be the property of the State of

Maryland and considered a part of the patient’s health care records.

(j) Supplies and Equipment: All expendable and reusable supplies, including, but not limited to film, gowns, towels/wipes, cleaners/disinfectants, film, etc. shall be supplied by the Contractor.

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(k) All supplies intended for use inside the treatment room shall be removed once services are completed.

(l) The Contractor shall provide the equipment and transportation, drivers, delivery and set up, complete maintenance and service or maintenance/service coverage.

(m) The Contractor shall provide all of the necessary equipment supplies and personnel required to support the contractor’s performance of on-site mobile diagnostic imaging services as directed by the CTPHC Medical

Services Staff to include but not be limited to the following: ex. X-Ray Services and Ultrasound Services.

(n) All equipment provided by the Contractor shall be approved by the U.S. Food and Drug

Administration, licensed by the Maryland Office of Health Care Quality and registered by the Maryland Department of the

Environment, Radiological Health Program as required.

(o) The Contractor shall assist Clifton T. Perkins Hospital Center in site planning, preparation for set up and operation of equipment but shall defer to CTPHC regarding final location. The Contractor may in the course of a visit go to multiple buildings.

8. Performance Review

(a) The Contract specifications will form the basis of the performance review as a means of quality control and quality assurance to determine the degree of Contractor compliance and level of performance satisfaction.

Examples of unacceptable performance include, but are not limited to:

1. Any action that endangers the life or health of a patient;

2. Failure to provide required examination and recommendations for treatment of patients;

3. Failure to meet CTPHC credentialing standards; and

4. Failure to communicate information on hospitalized patients.

(b) The Contract Monitor will give written notice of performance issues to the Contractor, clearly describing the problem and delineating remediation requirement(s). Incidents of unacceptable performance will be reported in writing by CTPHC’s Contract Monitor with a copy to CTPHC’s Director of Contracts, CTPHC’s Clinical Director and the Contractor’s Director of Operations/Contact Person. The Contractor will submit a plan of correction identifying the timeframe for completion to the CTPHC Contract Monitor within 2 days of the report. The CTPHC Contract Monitor will approve or reject the plan within 1 working day. If an incident of unacceptable performance is life-threatening, corrective action, as directed by the CTPHC Contract Monitor must be initiated immediately. Continuing failure to satisfactorily respond in the time frames required in accordance with this section, 1 incident of unacceptable performance that is life-threatening, or more than a total of 3 situations involving marginal or unacceptable performance during a 12 month period may be viewed as grounds for termination.

9. Reports

(a) All imaging reports shall be in typewritten or computerized format. Typed signatures shall be provided by the Contractor.

(b) The Contractor shall provide Contract Monitor with reports within 48 hours of related imaging services.

(c) The Contractor shall provide a summary of services, listing patient and test, to the CTPHC Contract

Monitor bi-annually on a date mutually agreed upon by CTPHC and the Contractor.

(d) All imaging reports done under the terms of the Contract shall be the property of the State of

Maryland and considered a part of the patient’s health care records.

(e) The radiologist or other specialists are required to telephone CTPHC as soon as possible in the event of any serious abnormal reading.

• Between the hours of 7:00 A.M. – 5:00 P.M. Monday - Friday, call the Medical Clinic at (410) 724-3150.

• After hours and on the Weekends, call the Nursing Supervisor’s Office at

• (410) 724-3196.

10. Tobacco-Free Campus

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The use of tobacco products on campus is prohibited. This includes all property maintained by CTPHC, including parking lots, and in all vehicles while on CTPHC grounds, including both personal and State-owned vehicles. The

Contractor shall inform and ensure compliance by Contractual Staff.

The scope of work or solicitation dated is attached and incorporated by reference as Exhibit . The

Contractor’s bid or proposal dated is attached and incorporated by references as Exhibit . If there

Is any conflict between this Contract and any exhibits incorporated by reference, the terms of this contract shall govern. If there is any conflict among the Exhibits, the following order of precedence shall determine the prevailing provision:

Exhibit A – the scope of work or solicitation and Exhibit B – the Contractor’s bid or proposal.

(e) Changes. This Contract may be amended only with the written consent of both parties. Amendments may not change significantly the scope of the Contract (including the Contract price).

11. Term of Contract. The term of this Contract shall be for the period of

, 20 through , 20 .

12. Compensation and Method of Payment.

(f) Compensation. The total compensation for services to be rendered by the Contractor shall not exceed

$50,000.

(g) Method of Payment. The Department shall pay the Contractor no later than thirty (30) days after the

Department receives a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, State Finance and Procurement Article, Maryland Code, are prohibited.

(h) Tax Identification Number. The Contractor’s Federal Tax Identification Number is

. The Contractor’s Social Security Number is

(Individual Contractor Only). Contractor’s Federal Tax Identification Number (or

Social Security Number - Individual Contractor Only) shall appear on all invoices submitted by the

Contractor to the Department for payment.

(i) Invoicing. All invoices for services shall be signed by the Contractor and submitted to the Procurement

Officer. All invoices shall be submitted in triplicate no later than the 15th of the month for the preceding calendar month. All invoices shall include the following information:

• Contractor name;

• Remittance address;

• Federal taxpayer identification number (or if sole proprietorship, the individual’s social security number);

• Invoice period;

• Invoice date;

• Invoice number

• State assigned Contract number;

• State assigned (Blanket) Purchase Order number(s);

• Goods or services provided; and

• Amount due.

Invoices submitted without the required information cannot be processed for payment until the

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Contractor provides the required information.

13. Procurement Officer. The Department designates to serve as Procurement Officer for this Contract. All contact between the Department and the Contractor regarding all matters relative to this Contract shall be coordinated through the Procurement Officer.

14. Disputes. Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title

15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10 Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

15. Termination for Convenience. The State may terminate this Contract, in whole or in part, without showing cause upon prior written notification to the Contractor specifying the extent and the effective date of the termination. The State will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12(A)(2).

16. Termination for Default. If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the Department may terminate the Contract by giving the Contractor written notice of termination.

Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State.

Termination hereunder, including the rights and obligations of the parties, shall be governed by the provisions of COMAR

21.07.01.11B.

17. Termination for Nonappropriation. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

18. Non-Discrimination in Employment. The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law, including, but not limited to, the employment provisions of §13-219 of the State Finance and

Procurement Article, Maryland Code and Code of Maryland Regulations 21.07.01.08, and the commercial nondiscrimination provisions of Title 19, Subtitle 1, State Finance and Procurement Article, Maryland Code.

19. Maryland Law Prevails. The laws of Maryland shall govern the interpretation and enforcement of this Contract.

The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of

Maryland) does not apply to this Contract or any software license acquired hereunder.

20. Anti-Bribery. The Contractor certifies that, to the Contractor’s best knowledge, neither the Contractor; nor (if the

Contractor is a corporation or partnership) any of its officers, directors, partners, or controlling stockholders; nor any employee of the Contractor who is directly involved in the business’s contracting activities, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth.

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CONTRACTOR STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH

(Seal)

By: By:

(Printed Name and Title) (Printed Name and Title)

Date Date

Attachments: Exhibit A: Scope of Work or Solicitation

Exhibit B: Bid or Proposal