N00183-16-T-0069.docx

N00183-16-T-0069

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

Fill in Blanks:

TIN (tax ID): ________________

CAGE: ________________

DUNS: __________________

Vendor Point of Contact: ______________________Phone: ____________________ Vendor email: ______________________

Naval Medical Center Portsmouth POC: Base Operations

Vendors quoted price shall be inclusive of all cost including labor and equipment cost (i.e. telephone charges)

Payment Monthly, Quarterly, Annually (please circle) in Arrears

Note: vendor will be required to provide billing electronically via the WAWF Electronic Invoicing method. For additional information, a review of the following web sites may be required: https://wawf.eb.mil http://wawftraining (email) wawf@nmlc.med.navy.mil

Vendor to reference N00183-16-T-0069 on all inquires.

This notice is hereby posted to state that the Government intends to make a sole source purchase of Intra-Operative Neuro-Monitoring Services.

Section B - Supplies or Services and Prices

Service Agreement for, FFP

Intra-Operative Monitoring Services IAW the PWS, Period of Performance of 1 May 2016 to 31 October 2016. A base operation is defined as any surgery lasting one hour or less. For this CLIN, each base operation is equal to one unit.

FOB: Destination

MILSTRIP: N0018316RQSU402

PURCHASE REQUEST NUMBER: N0018316RQSU402

NET AMT

Supplemental Units, FFP

In the event that a surgery exceeds the one hour timeframe set forth in the Base Operation CLIN 0001, supplemental units can be billed under this CLIN. One unit is equal to one hour.

FOB: Destination

NET AMT

FFP

Intra-Operative Monitoring Services IAW the PWS, Period of Performance of 1 November 2016 to 30 November 2016. A base operation is defined as any surgery lasting one hour or less. For this CLIN, each base operation is equal to one unit.

FOB: Destination

NET AMT

FFP

In the event that a surgery exceeds the one hour timeframe set forth in the Base Operation CLIN 0001, supplemental units can be billed under this CLIN. One unit is equal to one hour.

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

SUP 5252.204-9400 Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (July 2013)

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 - "DoD Implementation of Homeland Security Presidential Directive - 12 (HSPD-12)" dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.

Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Navy Command's Security Manager upon arrival to the Navy Command and shall out-process prior to their departure at the completion of the individual's performance under the contract.

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity's Command Information Assurance Manager. Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) which is a higher level investigation than the National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, a SSBI suitable for High Risk public trusts positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee's duties, such employees shall in-process with the Navy Command's Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-Ni therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the "supervisor".

The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date.

When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

The Navy Command' s Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.

CONTRACTOR'S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor's Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity's Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor's Security Representative. The Contractor's Security Representative shall be the primary point of contact on any security matter. The Contractor's Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Navy recognizes contractor employees under this contract as Non-Critical Sensitive [ADP/IT-II] when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The NACLC consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

* SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product)

* Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

* Original Signed Release Statements

Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Navy Command's Security Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command's Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Navy Command Security Manager. The Navy Command's Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/security issues identified by the Navy may render the contractor employee ineligible for the assignment. An unfavorable determination made by the Navy is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Navy Command's Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor's Security Representative. Although the contractor will take JPAS "Owning" role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee's performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

* Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and

* Must have a favorably completed National Agency Check with Written Inquiries (NACI) including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the Contractor's Security Representative must submit for all employees each of the following:

* SF-85 Questionnaire for Non-Sensitive Positions

* Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

* Original Signed Release Statements

The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM.

Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date.

* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.

STATEMENT OF WORK

1.1. BACKGROUND

The Contractor shall provide intra-operative monitoring services for the Naval Medical Center Portsmouth’s (hereafter referred to as the "MTF"), Main Operating Room (MOR). The mission of Navy Medicine includes providing superior state of the art healthcare. To meet this mission, the Naval Medical Center Portsmouth requires recurrent intra-operative monitoring of patients undergoing surgery.

Services shall be provided by contractor technicians and shall be overseen by contractor neurologists. Technician and intra-operative services are provided on-site in the NMCP Main Operating Room. Neurologist readings and interpretations are done while the procedure is occurring and off-site via the contractor’s wireless internet connection. Reports can be faxed to NMCP for scanning into the electronic medical record (EMR).

SECTION 2 - DUTIES

2.1. GENERAL DUTIES

Contractor employees shall perform a full range of duties consistent with their profession, education, training, experience, and assigned position. General duties that apply to all contractor employees are given below

2.1.1.

RESERVED

2.1.2.

Maintain a level of productivity comparable with that of other individuals performing similar services.

2.1.3.

Function with an awareness and application of safety procedures.

2.1.4.

Exercise awareness and sensitivity to patient/significant others' rights, as identified within the institution.

2.1.5.

Complete all annual training classes required by the MTF.

2.1.6.

Complete in-service training to clinic staff members as requested.

2.2. SPECIFIC DUTIES FOR NEUROLOGIST

2.2.1.

The contractor shall provide real time web-based physician oversight of IONM including consulting with the technician, interpreting results and reporting data for approximately 50 surgical cases per year.

2.2.2.

The contractor shall prepare and fax a formal report for approximately 50 surgical cases within two (2) days of the patient’s surgery. A formal original copy shall be mailed to the performing surgeon within two (2) weeks.

2.2.3.

The contractor shall communicate by telephone with the operating surgeon for approximately fifty (50) surgical cases regarding IONM results.

2.3. SPECIFIC DUTIES FOR TECHNOLOGIST

2.3.1.

The contractor shall perform all aspects of IONM for approximately 100 surgical cases per year, including the following modalities: somatosensory evoked potentials (SSEP), motor evoked potentials (MEP), electromyography (EMG), electroencephalography (EEG), cortical mapping, brain stem recordings, etc.

2.3.2.

The contractor shall communicate results of monitoring in real time to operating surgeons, anesthesiologists and other appropriate members of the surgical team in the operating room for approximately 50 IONM cases.

2.3.3.

The contractor shall apply electrodes to the patient for monitoring requested modalities and remove electrodes at the end of the procedure for approximately 50 IONM cases.

2.3.4.

The contractor shall assist the surgical team in explaining intraoperative monitoring to the patient pre-operatively, by answering any technical questions concerning the equipment and monitoring process for approximately 20 patients per year.

2.3.5.

The contractor shall provide approximately 232 hours of Intra-operative Neuromonitoring using CPT code 95920.

2.4. REPORTS

2.4.1.

Contractor shall provide formal reports by fax within two (2) days of each surgery

2.4.2.

The contractor shall mail hard-copy formal reports within two (2) weeks of each surgery.

2.4.3.

Contractor shall provide oral results of monitoring to surgeons, anesthesiologist and other members of the surgical team during the patient’s operation.

SECTION 3 – HOURS OF OPERATION

3. 1.

The standard hours of operation are 6:50am to 4:00pm; however the government reserves the right to schedule procedures outside the standard operating hours in emergent situations.

3.2.

Task orders will be placed as far in advance as possible however the contractor shall be required to respond with as little as 24 hours’ notice.

SECTION 4 – DELIVERABLES

4.1.

Quality Control Program (See Section 9)

4.2.

Health Certifications for Employees (See paragraph 10.3.1.)

4.3.

Surgical Reports (See paragraph 2.2.8.)

4.3.1.

Formal reports sent by fax within two (2) days of each surgery.

4.3.2.

Hard-copy formal reports mailed within two (2) weeks of each surgery.

4.3.3.

Oral results of monitoring provided to surgeons, anesthesiologist and other members of the surgical team during the patient’s operation.

4.4. All deliverables are to be provided in contractor format.

SECTION 5 – PERFORMANCE

5.1. PERFORMANCE MEASURES

5.1.1.

2.3.

5.2. CONTRACT EMPLOYEE PERFORMANCE DEFICIENCIES

5.2.1.

The Secretary of the Navy has determined that the illegal possession or use of drugs and paraphernalia in a military setting contributes directly to military drug abuse and undermines Command efforts to eliminate drug abuse among military personnel. The policy of the Department of the Navy (including the Marine Corps) is to deter and detect drug offenses on military installations. Measures to be taken to identify drug offenses on military installations, and to prevent introduction of illegal drugs and paraphernalia, include routine random inspection of vehicles while entering or leaving, with drug detection dogs when available, and random inspection of personal possessions on entry or exit. If there is probable cause to believe that a worker has been engaged in use, possession, or trafficking of drugs, the worker may be detained for a limited period of time until he/she can be removed from the installation or turned over to local law enforcement personnel having jurisdiction. When illegal drugs are discovered in the course of an inspection or search of a vehicle operated by a worker, the worker and vehicle may be detained for a reasonable period of time necessary to surrender the individual and vehicle to appropriate civil law enforcement personnel. Action may be taken to suspend, revoke, or deny clinical privileges as well as installation driving privileges. Implicit with the acceptance of this contract is the agreement by the health care worker to comply with all Federal and State laws as well as regulations issued by the Commanding Officer of the military installation concerning illegal drugs and paraphernalia.

5.2.2.

A contract employee demonstrating impaired judgment will be removed from providing services. The Government reserves the right to remove any contract employee who, in the judgment of a licensed physician, is impaired by drugs or alcohol.

5.2.3.

Contract employees with alcohol or drug abuse problems may be allowed to return to work under the terms of this contract only with prior approval from the Commanding Officer.

SECTION 6 - QUALIFICATIONS

6.1. GENERAL QUALIFICATIONS THAT APPLY TO ALL CONTRACT EMPLOYEES

The contractor shall provide personnel having certain minimum levels of training and experience. This section is in no way intended to dictate a staffing plan to the Contractor for the performance of the services delineated in this performance work statement. The services require that contract employees possess the following minimum qualifications to meet contract requirements.

6.2.

Contract employees shall maintain current certification in American Heart Association Basic Life Support (BLS); American Heart Association Healthcare Provider Course; American Red Cross CPR (Cardio Pulmonary Resuscitation); or equivalent. Training shall be the responsibility of the contractor and is at no cost to the Government contract employees, not in possession of current certification, must acquire certification prior to initiating contract performance. Web based classes do not meet these standards. A copy of the BLS instruction may be obtained from the World Wide Web at: http://navymedicine.med.navy.mil/Files/Media/directives/1500-15c.pdf.

6.3.

Be a U.S. Citizen per Attachment I.

6.4.

Workers shall be current with and have completed all continuing education requirements specified by their professional licensure or certification.

6.5. MINIMUM QUALIFICATIONS

This section is in no way intended to dictate a staffing plan to the Contractor for the performance of the services delineated in this performance work statement. The services require that contract employees possess the following minimum qualifications to meet credentialing requirements and demonstrate current clinical competence.

6.5.1. NEUROLOGIST

6.5.1.1.

Graduation from a medical school approved by the Liaison Committee on Medical Education of the American Medical Association or the American Osteopathic Association or permanent certification by the Educational Commission for Foreign Medical Graduates (ECFMG).

6.5.1.2.

Board certification in Neurology.

6.5.1.3.

Possess a valid, unrestricted license or certification to practice as a neurologist in the state of Virginia, and maintenance of a valid, unrestricted license or certification.

6.5.1.4.

Have a minimum of 12 months experience within the last 36 months as a neurologist interpreting IONM.

6.5.2. INTRA-OPERATIVE MONITORING TECHNICIAN

6.5.2.1.

On site technician(s) shall be certified by the American Board of Registration of Electroencephalographic and Evoked Potential Technologists (ABRET) to provide intra-operative monitoring. Monitoring includes EMG, SSEP and brainstem auditory evoked response (BAER). The technician provides the equipment to provide internet transmission of live-time monitoring to a board-certified physician, to assess the monitoring and provide intra-operative interpretation of data.

6.5.2.2.

Each technician who provides technical services at NMC-P shall be trained to perform the technical services in accordance with the standards of care applicable to such services, including those established by the American Society of Electroneurodiagnostic Technologists (ASET) and/or the American Society of Neurophysiological Monitoring (ASNM). The contractor shall provide evidence of Neurophysiologist’s training and case experience prior to performance of services.

6.5.2.3.

During, or prior to, scheduled orientation, the Contractor shall ensure that the technician assigned to serve in operating rooms has received training that equipped the individual with the knowledge of the affects of anesthesia and of various artifacts such as electrical interference from operating room equipment, etc, in order to be able to assess their effects on the data collected during the surgical procedure. Technician must have knowledge of potential morbidity caused by the monitoring process itself, quality control systems and procedures for preventive maintenance and performance testing and calibration of equipment and recognize when problems are beyond scope of expertise and must be referred to others.

6.5.2.4.

The on-site technician(s) shall have a minimum of 4 years journeyman experiences which included knowledge of a wide range of monitoring concepts, principles, practices, and methods to perform highly specialized monitoring assignments of advanced nature and considerable complexity such as somatosensory evoked potentials (SSEP), auditory brainstem and cortical responses, electroencephalography (EEG), visual evoked responses (VER), facial nerve monitoring, motor evoked potentials, intraoperative electromyography, intraoperative nerve conduction velocity, SECTION 7 - QUALIFICATIONS PACKAGE

7.1. CREDENTIALS REQUIREMENTS

7.1.1.

Within thirty (30) days of commencement of services, the contractor shall submit to the Medical Staff Services Office, via the COR, a completed Individual Credentials File (ICF) for each health care worker to whom an ICF is applicable. The ICF, which will be maintained at the MTF, contains specific information with regard to qualifying degrees and licenses, past professional experience and performance, education and training, health status, and competency as identified in Appendix R of BUMEDINST 6320.66E of 29 August 2006 and subsequent revisions. ICFs for health care practitioners who do not currently have an ICF on file at the facility shall be submitted at least 30 days prior to commencement of services. For those health care providers who currently have an ICF on file, an updated Personal and Professional Information Sheet (PPIS) for Privileged Providers, with notation that a complete up-to-date ICF is on file, shall be submitted no less than 15 days prior to commencement of services. No neurologist shall perform services under this contract until they have been granted clinical privileges by the Naval Medical Center Portsmouth (NMC-P).

7.1.2.

RESERVED

7.1.3.

Upon receipt of a complete ICF, the COR will forward it to the Medical Staff Services Office for approval and credentialing of the individual health care provider/worker. The Medical Staff Services Office will ensure the ICF or IPF is complete in accordance with BUMEDINST 6320.66E of 29 August 2006 and subsequent revisions. The contractor shall not assign an individual to work at the MTF until the health care worker’s ICF has been approved and shall discontinue the service of an individual who fails to maintain compliance with qualification and credentialing requirements.

7.1.4.

BUMEDINST 6320.66E is available at http://navymedicine.med.navy.mil/default.cfm?selTab=Directives. Click BUMED Directives, select page 4 of the directives, and scroll down to the instruction number. The instruction is contained in several separate files.

7.1.5.

The Contractor shall submit a qualifications package to the COR for each health care worker who is not required to submit either an Individual Credentials File (ICF) or an Individual Professional File (IPF), e.g., nursing assistants, medical assistants, laboratory technicians. Prior to Contractor employees providing services under this contract, the COR will verify the compliance of each health care worker with the qualification requirements appropriate to their employment category.

7.1.6.

The Government reserves the right to transfer to the gaining Contractor the credentials of a health care worker who has been granted delineated clinical privileges on a predecessor contract without a new or additional credentialing action. This extension may only occur: a) within the same command; b) when there is no increased clinical competency requirement of the health care worker; c) when there is no significant change in the scope of clinical practice of the health care worker; d) when there is no gap in performance between the contracts; and e) when the health care worker has had acceptable performance evaluations.

7.1.7.

Notwithstanding licensure and certification requirements given below in Section 6.5., each health care worker shall be responsible for complying with all applicable licensure and certification regulations.

7.1.8.

The contractor shall continuously maintain a current list of all individuals who have been privileged, credentialed, or approved for service under each contract. The contractor shall provide a copy of the list to the COR quarterly, or more frequently if information has changed.

7.1.9.

The contractor shall ensure that all documentation necessary to keep each individual health care worker’s (HCW) credential file current is submitted to the MTF Medical Staff Services Coordinator, via the COR, for inclusion in each file.

7.1.10.

The contractor shall maintain a complete credential file for each employee during the life of this contract. It is emphasized that the file and the documents therein shall be kept current and shall be made available for Government inspection upon request.

7.1.11.

The contractor shall inform the COR of any terminations of employment within 24 hours of the action.

7.1.12.

Permanent revocation of clinical privileges and permanent adverse administrative actions due to professional misconduct against licensed or certified practitioners shall be reported to the appropriate professional licensure clearinghouse and/or to the licensing authorities of the state in which the services are performed in compliance with SECNAVINST 6401.2. In addition, contract providers are advised that the Department of Defense participates in the national reporting system established under Part B of the Health Care Quality Improvement Act of 1986, Public Law 99660. Reports, naming individual practitioners, shall be submitted to the National Data Bank in accordance with this Act.

7.1.13.

The MTF Commander will grant clinical privileges to the contract HCW during their employment by the contractor in performance of this contract. If a HCW’s employment with the contractor ends for any reason, all clinical privileges and medical staff appointments shall be terminated without recourse to the fair hearing and appeals procedures specified by the medical staff bylaws and BUMEDINST 6320.67A.

7.1.14.

The Neurologist providing services under this contract must have privileges granted by the Naval Medical Center, Portsmouth, VA. The NMCP point of contact for this matter is CDR. Haley Macek and she can be reached at 757-953-3447 or via e-mail at haley.t.macek.mil@mail.mil

SECTION 8 - GOVERNMENT AND CONTRACTOR FURNISHED ITEMS.

8.1. GOVERNMENT FURNISHED ITEMS

8.1.1.

The Government will provide, without cost, the facilities, badges and maintenance services required to perform the duties of this contract. Government-furnished property shall only be used in the performance of this contract.

8.1.2.

A Common Access Card (CAC) will only be issued to contractor personnel who may require access to a Government computer. To gain access to the Government installation, the use of the RapidGate system is suggested. Commander, Navy Installations Command (CNIC), has established the Navy Commercial Access Control System (NCACS), a standardized process for granting unescorted access privileges to vendors, contractors, suppliers and service providers not otherwise entitled to the issuance of a Common Access Card (CAC) who seek access to and can provide justification to enter Navy installations and facilities. Vendors visiting Naval Medical Center Portsmouth (NMCP) may obtain daily passes directly from Naval Station Norfolk (NSN) Pass and ID office, located at NSN (Bldg CD-9), 9040 Hampton Blvd, Norfolk, Virginia, 23505, by submitting identification credentials for verification and undergoing a criminal screening/ background check. Alternatively, if the vendor so chooses, it may voluntarily elect to obtain long-term credentials through enrollment, registration, background vetting, screening, issuance of credentials, and electronic validation of credentials at its own cost through one of the designated independent contractor NCACS service providers. Credentials will be issued every five years and access privileges will be reviewed / renewed on an annual basis. The costs incurred to obtain Navy installation access of any kind are not reimbursable, and the price(s) paid for obtaining long-term NCACS credentials will not be approved as a direct cost of this contract. Further information regarding NCACS can be found at http://cnic.navy.mil/CNIC_HQ_Site/index.htm.

8.1.2.1.

Personnel background investigations must be initiated seven (7) days after contract award and an advance fingerprint and NACLC results received by the MTF prior to a Common Access Card (CAC) being issued to the contract employees.

8.1.3.

The Government will provide motor vehicle decals and base access cards for all the contract employees to be used in accordance with base and MTF policy during the initial check-in procedure with the COR. The contract employees shall comply with the military base policies and instructions for gaining access to the military base. The identification badge shall be worn during performance of work and anytime the contractor is on the premises. The vehicle decal shall be displayed appropriately according to the base instruction. The contractor shall ensure that each employees I.D. badge and base vehicle decal are returned to the COR when the contract employee is no longer providing services under this contract due to termination/expiration of the contract. Details for obtaining a DoD Base ID can be obtained at: http://www.med.navy.mil/sites/nmcp/visitors/Pages/Contractors.aspx

8.1.4. PHYSICAL SECURITY

8.1.4.1.

The contractor shall safeguard Government property and, at the close of each work day, secure Government facilities.

8.1.4.2.

The contractor shall be responsible for ensuring that keys issued by the Government are for the exclusive use and access of contract employees engaged in the performance of this contract.

8.1.4.3.

The contractor shall ensure that no Government lock combinations are revealed to unauthorized persons.

8.1.4.4.

The contractor shall be responsible for Government-issued keys which are lost or used by unauthorized individuals. The Contractor may be required to replace, re-key, or reimburse the Government for replacement of locks or re-keying necessitated by Contractor employees losing keys. The Contractor shall not duplicate any Government-issued keys.

8.1.4.5.

Any instances in which Government property is in any way damaged by a contract employee, a written report of the circumstances and extent of damage shall be submitted to the COR within 24 hours of occurrence.

8.1.4.6.

The Contractor shall take necessary actions to protect his/her supplies, materials, and equipment and the personal property of contract employees from loss, damage, or theft.

NOTE ON GOVERNMENT PROVIDED PROPERTY, MATERIALS AND SERVICES: Only the property, and services listed above, will be furnished by the Government. All other property, materials, and services required for the performance of this contract shall be furnished by the contractor.

8.2. CONTRACTOR FURNISHED ITEMS

8.2.1. INSURANCE

This is a non-personal service contract, so the contractor is required to have their own insurance.

8.2.1.1. AUTOMOBILE LIABILITY INSURANCE.

Before commencing work under a contract, the contractor shall certify to the Contracting Officer in writing that the required automobile insurance has been obtained. The following insurance as referenced in FAR 28.307, is the minimum insurance required:

Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

8.2.1.2. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY

Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

8.2.1.3. MEDICAL LIABILITY

The Contractor shall comply with applicable requirements of the Federal Acquisition Regulations (FAR) Clause 52.2377, Indemnification and Medical Liability Insurance (JAN 1997).

8.2.1.3.1.

The Contractor shall complete the Malpractice Insurance Certification Form, Attachment III, as part of the Price Proposal and shall provide an updated form to the COR upon request.

8.2.2. SERVICES

8.2.2.1.

During the term of the contract, the contract employee shall provide, on behalf of the Government, intra-operative neuromonitoring services to active duty military personnel, their dependents, eligible Navy civilian employees, and other eligible beneficiaries, in accordance with the terms and conditions of the contract.

8.2.3. EQUIPMENT

8.2.3.1.

The Contractor shall acquire, maintain and provide in good working order the dedicated equipment, technology and software required for the technicians and physicians to provide monitoring services. The costs of repair and/or replacement of such equipments, technology or software will be the sole responsibility of the Contractor. The Contractor agrees to abide by NMC-P’s policies and procedures regarding the maintenance, use and safety of any clinical equipment utilized by technicians on-site at NMC-P. The contractor shall ensure full maintenance of all equipment used in conjunction of the requirements of this contract. All maintenance records are to be written and available for review by the Government with a minimum 5-day advance notice.

8.2.4. SUPPLIES

8.2.4.1.

The Contractor agrees to provide disposable routine supplies required for the monitoring services and shall also provide specialized supplies if requested by NMC-P. The Contractor makes no warranty whatsoever, whether expressed or implied, as to the condition, fitness for use or merchantability of any disposable supplies provided under this Agreement. The parties hereby expressly agree that the only warranty of any kind applicable to said disposable supplies is that of the manufacturer. The contractor’s price should be inclusive of all cost to include any required, labor, transportation and consumable items. The Government will not provide any consumable items that are required for the operation of contractor’s equipment.

SECTION 9 – QUALITY CONTROL

9.1. GENERAL

The Contractor shall complete all necessary steps to assist each contract employee performing services under this contract in obtaining documentation required to obtain access to the MTF and DoD information systems.

9.2. QUALITY OF SERVICE

This is a non-personal services contract that supports the NMCP mission to oversee and coordinate the delivery of economical and effective medical services. The intra-operative neuromonitoring services required by the contract support the provision of patient care in the medical treatment facilities within the Area of Responsibility (AOR) and ensure proper intra-operative monitoring services are available to overcome staffing shortfalls within NMCP. Contracting has been chosen as a strategy to provide adequate numbers of neurologist and technician personnel to support clinical patient care requirements.

9.2.1.

The contractor shall comply with applicable provisions of the law, rules and regulations of all Governmental authorities, including but not limited to, the regulations and standards of the MTF. The contractor shall adhere to and comply with all Department of Navy (DON), Bureau of Medicine and Surgery (BUMED) and MTF Instructions and notices which may be in effect during the term of the contract.

9.2.2.

To achieve the NMCP mission, the contractor shall establish, submit for Government approval and implement a Quality Control (QC) Plan which is consistent with the MTF Quality Control Program. The contractor shall also actively participate in the established medical Quality Improvement (QI) Plan of the MTF. Current copies of this contract, the contractor’s QC plan, and the MTF’s QI plan shall be maintained on-site for ready reference by the contractor during the term of the contract. Contract employees shall read, be familiar with, and implement the contract, including the contractor’s technical proposal, QC Plan, medical QI Plan, and any revisions.

9.2.3.

After contract award, but not later than commencement of services, the contractor shall submit a Quality Control Plan to the COR and the Contracting Officer for review. The contractor’s QCP shall be consistent with Joint Commission standards and the MTF Quality Control Program. The QCP shall, at a minimum, include (a) a plan for providing services for the required hours by appropriately qualified personnel that includes a specific methodology for doing so; (b) a plan to ensure maintenance and enforcement of Standards of Conduct for contractor employees as specified in Section 11.2; and (c) a plan for a patient relations program that is compliant with the MTF's patient relations protocols and which includes a notification process for all patient compliments and complaints.

9.2.4.

Upon receipt of the contractor's QCP, the MTF will review and provide comments to the contractor. If the MTF finds deficiencies in any portion of the proposed QCP, the contractor shall have five (5) working days to correct the deficiencies. The MTF COR will provide final approval of the QCP.

9.2.5.

Ten (10) days prior to exercising any option year under this contract, the contractor shall submit to the COR an updated QCP that is consistent with updated Joint Commission standards and updated MTF Quality Control Program. The revised QCP shall be subject to the same review process as that required at the time of contract award.

SECTION 10 - START OF SERVICES

The Contractor shall recognize the importance of a successful start-up of contract services and the timely recruitment of qualified personnel to meet all contract requirements.

10.1.

The contractor shall assign a Lead Manager to interface with the COR within fourteen (14) days after contract award. The Lead manager shall coordinate personnel reporting on the first day of contract performance. The COR shall provide a copy of the MTF Clinic’s Performance Improvement Plans, direction for a proper check-in, and any additional documentation or instructions that may be necessary for performance under the contract. The contractor employees shall return the completed check-in sheet to the COR within three (3) business days following start of services.

10.2. BACKGROUND INVESTIGATION

10.2.1. CRIME CONTROL ACT OF 1990 REQUIREMENT

10.2.1.1.

Section 21 of the Crime Control Act of 1990, 42 U.S.C. 13041, as amended by section 1094 of Public Law 1-02-190, requires every facility operated by the Federal Government (or operated under contract with the Federal Government) that hires (or contracts to hire) individuals involved in the provision of child care services to assure that all existing and newly-hired employees undergo a criminal background investigation. The term "child care services" is defined to include health and mental health care.

10.2.1.2.

In accordance with 42 U.S.C. 13041(d) the Contractor shall ensure that employment applications for potential contract employees contain a question asking whether the individual has ever been arrested for or charged with a crime involving a child, and if so, requiring a description of the disposition of the arrest or charge. The application shall further state that it is being signed under penalty of perjury, with the applicable Federal punishment for perjury stated on the application.

10.2.1.3.

The Government will conduct criminal background investigations for all potential contract employees who will be providing child care services under this contract based on fingerprints obtained by a Government law enforcement office (e.g., local, state, federal, etc.) and a completed SF 86 form (Questionnaire for National Security Positions ).

10.2.1.4.

The COR will identify the appropriate Navy Component for billing purposes and the appropriate security point of contact and/or installation Commanding Officer who will receive the background results.

10.2.2. PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

10.2.2.1.

The Homeland Security Presidential Directive dated 27 August 2004 requires a mandatory government-wide standard for secure and reliable forms of identification for Federal employees, Contractors and contract employees who access federally controlled facilities or have access to Federally controlled IT systems. See Section I of this contract, FAR 52.204-9 for additional information.

10.2.3. Medical Contractor Access to Federally Controlled Facilities and/or Unclassified Sensitive Information or Unclassified IT Systems (DEC 2011)

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to Privacy Act information on a DoD computer/network. It is the responsibility of the command/facility where the work is performed to ensure compliance.

Each contract health care worker providing services at a Navy command under this contract is required to obtain a Common Access Card. Additionally, depending on the level of computer/network access, that contract health care worker will also require a successful investigation as detailed below.

CONTRACTOR’S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work days after contract award, the contractor shall provide to the Navy Command’s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer.

ACCESS TO FEDERAL FACILITIES

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 – “DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-12)” dated November 26, 2008 (or its subsequent DoD instruction) and Navy implementing memorandum dated May 28, 2010 direct implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

Per HSPD-12 and implementing guidance,…