MSU Nursing Non Personal Healthcare Services.docx

Housekeeping & Cleaning Supplies

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2. PLACE OF PERFORMANCE:

Services shall be at the IHS Mescalero Service Unit, 318 Abalone Loop, Mescalero, New Mexico, 88340.

MESCALERO SERVICE UNIT IS A TOBACCO-FREE FACILITY

In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties’’ includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space. Where HHS leases space in a multi-occupant building or complex, the tobacco-free HHS policy will apply to the maximum area permitted by law and compliance with the provisions of any current lease agreements. The Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with this policy.

3. PERIOD OF PERFORMANCE: 11/21/2021 through 05/21/2022.

4. STATEMENT OF WORK:

The services provided under this task order are non-personal in nature as defined by FAR 37.101, Non-Personal Healthcare Service, under which the contractor is and independent contractor and shall perform the work described herein independently of government supervision and that the provision of services are in accordance with FAR 52.237-7.

The contractor shall be in accordance with all Federal, State, Local, Tribal and IHS regulations and shall be made with minimal divergence from the schedule established and with minimum disturbance and maximum protection of government personnel, property and general public.

The MSU Nursing Department has a requirement for general RN and LPN services. The purpose of the task order is to provide quality nursing services to the patients. The Contractor’s employee shall provide direct outpatient services. The contractor may provide nursing services required for the rotation of daytime shifts. Any cancellations by the requesting facility for nursing services with less than two (2) hours of notice prior to the beginning of the assignment will result in payment for two (2) hours only for that day.

General Tasks to be performed:

(1) General duty nurse: As appropriate to level of licensure.

Ambulatory Unit:

(2) Carry out physician orders; administer medications, blood and/or blood by-products, oxygen, and a variety of treatments.

(3) Manage a wide variety of therapeutic devices such as drainage, feeding and suction tubes and machines, respiratory and electrocardiograph machines, etc.

(4) Measure and assess vital signs, height, weight, and neurological status, effects of medication, visual acuity, and hearing.

(5) Provide direct patient care to include COVID Positive patients; assist patients with activities of daily living.

(6) Observe and document changes in patient’s condition, record observations and other designed activities in the accepted format.

(7) Collaborate with other health care providers; assist other personnel as necessary in performance of patient care. Participate in nursing quality controls i.e., crash cart checks, lab checks, capillary blood glucose monitoring checks, etc.

(8) Collect or assist in collection of specimens, i.e., blood, urine, stool.etc.

(9) Recognize life-threatening emergencies, initiate and maintain resuscitation measures and other emergency procedures as appropriate to the situation.

(10) Contractor shall provide care to address COVID 19 pandemic. Care to include community curbside and facility testing; community vaccination clinics to include on site and off site treatment.

(11) Contractor shall have knowledge of appropriate Personal Protective Equipment (PPE) use and disposal procedures for infectious control purposes.

5. WORK HOURS:

Services are required at 40 hours per week (with a one-half hour, or a one-hour, NON-PAID lunch break).

Contractor's Employee work hours may vary as requested by the Nursing Director, or designee, and/or depending on the need of Mescalero Service Unit. Travel to/from the facility site is not included in the schedule hours and contractor's employee cannot invoice that as part of the scheduled shift.

The Contractor's Employee shall be responsible for notifying the designated Contracting Officer's Representative in advance of any situation that would prevent them from their scheduled shift.

FEDERAL HOLIDAYS*:

*any other day specifically declared by the President of the United States to be a national holiday (see www.opm.gov/fedhol).

The unit price paid to the Contractor shall be considered as payment in full for services provided under this task order and shall be inclusive of all travel, taxes, and associated fees. It is the sole responsibility of the contractor to collect and pay for any New Mexico State Gross Receipt Taxes for work performed in the State of New Mexico, regardless of county the work was performed. In no way shall the contractor bill or collect from any IHS patient, or from any alternate resource for which the patient may be eligible, any monies for services provided under this task order.

6. CONTRACTOR’S EMPLOYEE RESPONSIBILITIES:

(12) Nurses assigned will be expected to abide by the Uniform Code and shift hour assigned, modalities of charting and care delivery, and other rules and regulations of the facility.

(13) The facility reserves to the facility shall maintain current continuing education of their own.

(14) Nurses assigned to the facility shall be able to demonstrate knowledge and sensitivity in dealing with the cultural, ethnic and psychological aspects of the Native American People to be served.

(15) All nurses assigned will receive basic on-site orientation on the first shift assigned.

(16) The Contractor's Employee shall be responsible for notifying the designated Contracting Officer's Representative in advance of any situation that would prevent them from their scheduled shift.

(17) Routine shift schedules for Day Shift are as follows; please contact Yolanda Adams, Nursing Director, for exact schedules.

Examples of 8-hour shifts (example shows ½ hour unpaid lunch):

Day Shifts: 7:00 a.m. to 3:30 p.m.

7:30 a.m. to 4:00 p.m.

8:00 a.m. to 5:00 p.m.

8:00 a.m. to 4:30 p.m.

9:00 a.m. to 5:30 p.m.

(18) Patients receiving services under this contract may only speak a native language and/or reside on a Native American Reservation. The Contractor’s staff shall be sensitive to the unique cultural factors of the people they treat, which may include use of an interpreter as necessary in communication of services being rendered. Unique cultural factors that may contribute to the patient’s treatment include: language communications; village and tribal customs; use of traditional healers; isolation; housing conditions and lack of resources.

7. CONTRACTOR RESPONSIBILITIES:

(19) Contract shall be responsible for maintaining satisfactory standards of competence, conduct, appearance and integrity. The quality of work performance of the contractor’s employee shall be subject to review.

(20) Ensure that the contractor’s employee abides by the IHS facility standards of conduct and the policies and procedures of the service unit and assigned department/unit. Guidelines applicable in the performance of the contract are established doctor's orders, hospital policy, local directives, and standing orders.

(21) The Contractor shall ensure their employee completes the required documents for the character investigation in compliance with Public Law) (P.L) 101-630 "Indian Child Protection and Family Violence Act of 1990". The contractor’s employee will answer and sign the attached document entitled; "Care and Certification of Addendum to Declaration to Federal Employment, Indian Health Service, and Indian Child Care Worker Positions".

(22) Provide certification forms and required documents demonstrating the minimum qualifications have been met to the Nursing Director:

(23) Medical Liability Insurance: Provide proof of current medical liability insurance carried in the minimum amount of One (1) million dollars per occurrence and Three (3) million dollars aggregate.

(24) Education: Graduation from an accredited School of Nursing.

(25) License: All providers shall possess a current, valid, unrestricted medical or physician assistant license in a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the US during the term of this order.

(26) BLS Certification: Current Basic Cardiac Life Support (BLS) Certification or equivalent.

(27) Certification of Immunization: Demonstrate immunity to Measles, Mumps, Rubeola, Rubella, Hepatitis B series – a signed declination of the Hepatitis B vaccination series will be accepted; history of chicken pox (varicella) disease or positive titer; update to Tdap vaccine; documentation of receiving TB Mantoux skin test (PPD) with the past 12 months with document of follow-up for a positive test; current influenza vaccination; any other immunization in accordance with the IHS Immunization Policy (Policy available upon request).

8. CONDITIONS FOR REMOVAL/REPLACEMENT OF CONTRACTOR PERSONNEL:

As mutually agreed upon between the Contracting Officer and the Contractor, there may be grounds for removal and/or replacement of a contractor’s employee. The Contractor’s employee may be removed from a facility if services are not performed in accordance with this task order and/or the terms and conditions of the Contractor’s GSA/FSS/VA contract.

9. CRIMINAL HISTORY BACKGROUND CHECK:

Contractor’s employees whose duties and responsibilities involve regular contact or control over children are subject to a character investigation as required by Public Law 101-630, The Indian Child Protection and Family Violence Act. The minimum standards of character shall ensure that none of the individuals described in subsection have been found guilty of, or entered a plea of nolo contendere or guilty to, any felonious offense, or any of two or more misdemeanor offenses, under federal, state, or tribal law involving any crimes of violence; sexual assault, molestation, exploitation, contact or prostitution; crimes against persons; or offenses committed against children. These crimes do not hold a time statue and will be evaluated the same under any Child Care “CNACI” investigation with IHS. IHS will conduct these investigations following award of a contract. Until the character investigation has been completed and the Contracting Officer notified of the results, the Contractor‘s employees must not have unsupervised contact with Indian children. Contractor’s employees are not able to work a scheduled shift until the security check is performed and clearance has been obtained by the appropriate agency. At a minimum, fingerprints are required and upon clearance of this stage a contractor’s employee may work a scheduled shift. However, Contractor’s employees are required to complete the detail background application and application is to be completed within 30 days once the contractor’s employee has been given access. All Contractors’ employees are subject to criminal background check prior to performing services in accordance with Task Order terms and conditions. The contractor shall ensure that each of their employees complete the Certification of Criminal History and Background Check Packet. The completed forms are to be returned to the COR. Additional Background Check packets can be obtained through the COR.

10. DELIVERABLES/REQUIRED REPORTS:

The Contractor is required to provide a copy of each provider's profile to the Contracting Officer’s Representative prior to providing services.

11. AUTHORITY:

This Task Order is entered into pursuant to the Federal Acquisition Regulation, FAR Part 8.

12. IHS CONTRACTING OFFICER RESPONSIBILITY:

The authority to negotiate a change in terms, conditions, or amounts cited is reserved for the Contracting Officer.

13. CONTRACTING OFFICER’S REPRESENTATIVE (COR):

Deena Evans, 575-464-3808, Deena.Evans@ihs.gov is designated as the Contracting Officer’s Representative (COR) for this task order.

The COR listed above is hereby designated to monitor the performance of this order on behalf of the Government and ensure contractor accountability, and assist the contractor in the resolution of problems encountered during the performance, and request UFMS receipts and process invoices for payment. The COR will provide no supervisory or instructional assistance to Contractor personnel.

The COR’s function is primarily to provide the Contractor with working data. The COR is not empowered to make any commitments, nor authorized to make any changes which affect prices, terms, or delivery as specified on this order. Any such proposed changes shall be brought to the immediate attention of the Contracting Officer for action. The acceptance of any change by the Contractor without specific approval and written consent of the Contracting Officer is not authorized.

14. METHOD OF PAYMENT:

(28) Payment shall be made MONTHLY in arrears;

(29) Electronic Funds Transfer (EFT) shall be utilized as method for processing payment;

(30) Upon receipt of the Contractor’s properly prepared invoice, the COR is responsible for certifying the invoice for acceptance of service and contacting a UFMS receiver to request a receiving receipt.

15. PROPER INVOICE:

Invoices shall be submitted in accordance with the contract terms, i.e., payment schedule, progress payments, partial payments, deliverables, etc. All information set forth in FAR Clause 52.212-4(g), Invoice, must be included in all invoices for it to constitute a proper invoice.

Additionally, the Contractor is required to include its Data Universal Numbering System (DUNS) number on each invoice. For additional information about the Dun & Bradstreet (D&B) DUNS number, please visit http://fedgov.dnb.com/webform.

The Contractor shall submit invoices once per month.

An e-invoice can be sent electronically via e-mail to: alb_aoapinvoices@ihs.gov

Or, by regular postal mail to (if paper invoices):

Albuquerque Area Office Indian Health Service Division of Accounting Services 4101 Indian School Rd NE, Ste 225 Albuquerque, NM 87110

Do not send non-invoice related documents (i.e. deliverables, reports, balance statements) to Albuquerque Finance. Failure to submit required documents directly to the Albuquerque IHS Finance as listed above may delay prompt payment of your invoice.

For invoices submitted by email: the subject line of your email invoice submission shall contain the contractor name, contract/order number, and invoice number, TIN, DUNS (example: Company Name, Contract HHSI242201800021G, Invoice #1234, TIN, DUNS). The Contractor shall send one email per contract/order per month. The email may have multiple invoices for the contract. Invoices must be in one of the following formats: PDF, TIFF, or Word. Excel formats will NOT be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF, TIFF, or Word).

16. ADDITIONAL FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

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: $1,000,00.00.

(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.

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 employee’s 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 subcontractor’s 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.

17. APPLICABLE DEPARTMENT OF HEALTH & HUMAN SERVICES ACQUISITION REGULATION (48 CFR CHAPTER 3) CLAUSES:

Full text may be accessed electronically at this address: http://www.hhs.gov/policies/hhsar/subpart352.html

352.224–70 Privacy Act (DEC 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.

352.237–70 Pro-Children Act of 1994 (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—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—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.

352.237-73 Indian Child Protection and Family Violence Act (DEC 2015)

(a) This contract is subject to the Indian Child Protection and Family Violence Act, Public Law 101-630 (25 U.S.C. 3201 et seq.) The duties and responsibilities required by this contract may involve regular contact with or control over Indian children. Public Law 101-630 prohibits employment, including Personal Service Contracts, with anyone who has been convicted of any crime of violence. Any such conviction should immediately be brought to the attention of the Contracting Officer. The contractor will be subject to a character investigation, conducted by the Indian Health Service, Office of Human Resources. Until such time as the contractor has been notified of completion of the investigation, the contractor shall have no unsupervised contact with Indian children. In order to initiate this background investigation, the contractor must provide information as required in this contract or as directed by the Contracting Officer.

(b) As a prerequisite to providing services under this contract, the Contractor is required to complete and sign the declaration found in Section J of this contract.

352.242-70 Key Personnel (DEC 2015) The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

18. LIST OF ATTACHMENTS:

a) Appendix A, OMB Approved Form No. 0917-0028, Addendum- Child Care & Indian Child Care Worker Positions

b) Appendix B, Business Associate Agreement