N6264518Q0020_Amend_2.docx

The required response date/time has changed from 17-Aug-2018 02:00 PM to 22-Aug-2018 05:00 PM EST.

AMENDMENT 0002:

The purpose of Amendment 0002 is to provide responses to questions received from potential offerors. The proposal due date has been extended.

Questions:

A. What current subsidy/payments are you paying for trips or special transports?

No subsidy is included. Please refer to Contract Line Item Numbers(CLINs).

B. Because a critical neonatal transport requires high-level providers, will Contractor or Portsmouth VA Naval Medical Center be responsible for providing the high-level crew required (above the scope of a Paramedic)? ---

NMCP does not provide the high-level crew. Contractor will be required to provide the crew (RN or RN-Paramedic, not Paramedic-Paramedic nor Paramedic-EMT services)

C. Is Contractor expected to provide a transport-capable incubator?

Yes

D. Will you please provide past volume reports (either 2017 or year-to-date 2018)?

Between 70 and 100 per year.

E. Regarding historical volume, how many transports required specialized neonatal teams with high-level crew members?

See D. and B.

F. Is Tri-Care is the primary payer for Portsmouth VA facility transports?

Yes

G. Section 12 - Base Access and Credentialing - why is this new language now being added for pediatric ambulance services? Is this to have access to NMCP, or is it a fee for credentialing? When did this go into effect? If this is a requirement, how much does it cost? A range from $25 to $250 does not make sense.

This is new language, Naval Medical Center Portsmouth (NMCP) now requires vendors to pay VendorMate a fee ranging from $24 to $250 to gain access to NMCP facilities per NAVMEDCENPTSVAINST 6710.22B. To determine the exact amount of the VendorMate fee, vendors must directly contract VendorMate at ghx.com/customer-care.

CLIN 0002 is added to RFQ N62645-18-Q-0020 for VendorMate related costs.

H. The RFQ due date is 1pm on August 10. I am requesting a week extension if possible.

Yes. The RFQ will be extended.

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, using Simplified Acquisition Procedures under the simplified procedures for commercial items found at FAR 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issue. Provisions and clauses in effect through Federal Acquisition Circular 05-99 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: www.farsite.hill.af.mil. The NAICS code is 621910, with a size standard of $15.0M. This is a Full and Open Competition requirement; all qualified vendors are encouraged to submit a quote.

The Request for Quote (RFQ) number is N6264518Q0020. The RFQ due date is 5:00 PM on 22 August 2018. All questions concerning the Request for Quote (RFQ) shall be submitted via email to the following address:

E-MAIL: linda.s.obrien6.civ@mail.mil and karl.o.molina.civ@mail.mil

IN SUBJECT LINE REFERENCE: “N6264518Q0020”

UNDEFINED

Pediatric Ambulance Services

FFP

Services, Non-Personal: The contractor shall provide pediatric ambulance services in support of Naval Medical Center Portsmouth, VA on behalf of the Government in accordance with the terms and conditions and the performance work statement contained in this contract.

This is an indefinite delivery requirement. Each subCLIN includes an estimated number of trips/transports/mileage. The contractor shall only be paid for services and quantities provided.

MAX

NET AMT

0001AA

Pediatric Ambulance Services - Transport

Services, Non-Personal: Unit price is per transport. See Performance Work Statement for the definition of a transport. Ordering Period: 01 October 2018 through 30 September 2023 FOB: Destination

PSC CD: V225

MAX

0001AB

Pediatric Ambulance Services - Mileage

Services, Non-Personal: Mileage includes price per gallon, maintenance, depreciation, insurance, and taxes. Mileage is calculated from the time the contractor departs their starting location to pick up the patient, transports the patient to their final destination, and then returns to the starting location or next pick up location. Ordering Period: 01 October 2018 through 30 September 2023

MAX

Pediatric Ambulance Services - Vendormate

Services, Non-Personal: The price ranges from $25 to $250 per year. Naval Medical Center, Portsmouth (NMCP) has instituted a Credentialing Program which is designed to streamline the collection and management of key information regarding the regulatory and compliance status as well as business operations of suppliers. Vendors and their representatives may be required to register in order to gain base access to NMCP. Fees may range from $25 to $250 per year. It is imperative that each representative registers individually to maintain their personal credentials and ensure ongoing base access to our facility. A Federal Tax Identification Number and a credit card are required to complete the initial registration. Additional representatives only need the Federal Tax Identification Number.

Register for Vendormate Credentialing at https://nmcp.vendormate.com.

For technical questions, go to https://ghx.com/customer-care.

Kiosks are located on the first and second floor entrances of Building two (2). Representatives who visit NMCP may be required to sign in electronically to obtain an identification badge. With a valid appointment and current credentials, representatives will be able to print a single-use badge that is to be worn throughout the visit to any NMCP facility. Badges are required for all vendors on premises. Please note that GHX Vendormate Credentialing is in addition to RapidGate for Base Access. Vendors may be required to register for both programs in order to come onboard the NMCP base.

Ordering Period: 01 October 2018 through 30 September 2023

MAX

PERFORMANCE WORK STATEMENT

Pediatric Ambulance Transport Services Naval Medical Center Portsmouth, VA SRRB UID Number: 0018316248901

SECTION C

SECTION 1 – SCOPE

1.1. BACKGROUND

The Contractor shall provide non-personal pediatric ambulance transport services for Naval Medical Center Portsmouth, VA (hereafter referred to as “NMCP” and/or “MTF”) including both pediatric/neonatal (neonatal is defined as infants under twenty eight (28) days old) critical and non-critical neonatal transports. Services shall include all necessary personnel, ambulances, equipment and supplies, and travel. Transports shall be provided within a seventy five (75) mile radius of NMCP. This Contract is a non-personal health care services contract, under which the Contractor is an independent contractor.

1.2. SCOPE

The Contractor shall provide pediatric ambulance transport services for NMCP located at 620 John Paul Jones Circle, Portsmouth, VA 23708. Service includes: transport services between the Contractor and NMCP, transport services between NMCP and other hospitals (defined as civilian or military) within a seventy five (75) mile radius of NMCP, transport services between the Contractor and other hospitals within a seventy five (75) mile radius of NMCP, and transport services between other hospitals located within a seven five (75) mile radius of NMCP. Services are required on an as needed basis. The maximum estimated quantity is six hundred (600) transports consisting of approximately 25,000 miles. The actual number of transports/mileage may vary.

SECTION 2 - DUTIES

2.1.

The Contractor shall receive and coordinate the transport of critical pediatric/neonatal and non-critical neonates. Requests for service will be made by a credentialed provider assigned to NMCP, the Commander of NMCP, or his or her authorized representative. Priority of pediatric/neonatal critical transports and non-critical neonate transports shall be based on medical need and will be a joint decision between the Contractor and NMCP.

2.1.1.

In those emergencies where the patient's condition becomes critical during transport and requires immediate care, the Contractor’s transport team shall rapidly stabilize the patient, according to the level of the Emergency Medical Technician’s (EMT) level of certification and in accordance with regional protocols and EMS written Standard Operating Procedures (SOP) protocol, along with the Contractor’s guidelines for ambulance transports.

2.2.

The Contractor shall deliver the patient to the appropriate personnel upon arrival at the receiving facility in accordance with verbal instructions provided by the requestor.

2.3.

The Contractor shall maintain medical control of the patient and shall direct care provided by the transport team. The Contractor shall call the receiving official at the MTF to provide a verbal medical report and to transfer medical control. NMCP retains the right to review the run report generated by the Contractor’s transport team for patients transported under this Contract.

2.4 The Contractor shall respond to each request for service with a staffed, fully equipped vehicle, as defined by the Tidewater Emergency Medical Services Council, which is specifically designed for the transport of critically ill neonatal/pediatric patients. A NMCP credentialed provider will determine the type and level of care to be provided to the sick or injured patient, which will be specified verbally when the request for service is made.

2.5.

The Contractor shall coordinate a response time with NMCP for each transport required. The response time will vary based on the criticality of the patient and the Contractor’s workload.

2.6.

The Contractor shall notify the MTF while in route of the patient's condition. The number of phone calls will vary depending on the severity of the patient; however, a minimum of one (1) phone call is required per transport.

2.7.

The Contractor shall be responsible for getting the patient from their bed to the ambulance and provide assistance transporting off the litter/stretcher at the receiving facility. The Contractor shall escort patients into the receiving facility and remain with patients until care is transferred to the receiving facility.

2.8.

The Contractor shall place the patient on appropriate equipment (e.g., monitors), administer needles, IVs, oxygen, and apply dressings and redressings to the patient’s wounds as appropriate. Note this is not an exhaustive list meant to limit the type of service provided. This list is provided for informational purposes only.

2.9.

The Contractor shall obtain the patient records at the time of pick up and shall present them to the appropriate personnel at the receiving facility.

2.10.

The Contractor shall maintain a dispatcher log with a record for each patient transported. The log shall contain at least the following information: requester's name and telephone number, time of request, name of physician ordering patient transfer, name of receiving facility, name of physician accepting patient; dispatch time, time of arrival and time of departure at the requesting facility, time of arrival at the receiving facility, name of patient, and reason for transport. The dispatcher log shall be submitted to the Contracting Officer’s Representative (COR) monthly.

2.11.

The Contractor shall maintain a log in each vehicle with a record for each patient transported. The log shall contain at least the following information: dispatch time, time of arrival and time of departure at the referral facility, time of arrival at the receiving facility, name of patient, and reason for transport.

2.12.

The Contractor shall document and include in the patient’s chart all treatment provided to the patient during the transport. For each patient transported, the Contractor shall complete a Contractor Run Sheet, which shall be provided to the COR. Each Contractor Run Sheet must include, at a minimum, the name of the referring physician and the name of the accepting physician. The Contractor Run Sheet shall be faxed to the COR.

2.13.

The Contractor shall provide paper copies of all records produced in the performance of this Contract and all evaluations of patients to NMCP. The Contractor is authorized to provide any information required by law to the Virginia Department of Health for each transport. The disclosure of any other information must be authorized by NMCP.

2.14.

The Contractor shall be responsible for the control and disposal of all medical waste incurred during transport.

2.15.

The Contractor shall ensure all ambulances utilized in the performance of this Contract are safe to operate, sanitary, and properly functioning. The Contractor shall not operate unsafe vehicles. The Contractor shall ensure that vehicle security is maintained at all times.

2.16.

The Contractor shall report suspected cases of child abuse/neglect in accordance with Virginia law.

2.3. EQUIPMENT AND SUPPLIES

2.3.1.

The Contractor shall furnish all ambulances, equipment, supplies, and forms required to perform the services described herein.

2.3.2.

The ambulances, equipment and supplies furnished shall comply with Chapter 31 of the Virginia Administrative Code, 12VAC5-31-1270, Neonatal Transport Requirements.

SECTION 3 – HOURS OF OPERATION

3.1.

Requests for service shall be made at any time Monday through Sunday, including after hours, weekends and Federal holidays

SECTION 4 – DELIVERABLES

4.1. Quality Control Program (See Section 9)

SECTION 5 – PERFORMANCE

5.1. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) MATRIX

5.1.1.

Timeliness/ Quality

and end users satisfied with Contractor’s overall performance.

5.1.2.

The Government reserves the right to conduct brief exit interviews with patients’ parents, guardians or other family members for the purpose of gathering data relative to satisfaction of the goals and objectives of contracting for health services within the Navy Medical Department (for example, containment of TRICARE costs, gathering patient demographic data, etc.). These interviews are separate and distinct from the Governments' responsibilities for Performance Improvement and are strictly informational. The Government will make every attempt to inform the Contractor of these interviews.

5.1.3.

NMCP has an established patient contact program which will be available to any beneficiary receiving service under this Contract. All patient complaints will be reviewed by the command patient contact representative to determine validity. Validated complaints will be presented to the Contractor for response via the COR. The existence of the Navy hospital patient contact program does not relieve the Contractor from developing and implementing its own patient complaint system.

SECTION 6 - QUALIFICATIONS

6.1.

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 described herein. The services require that contract employees possess the following minimum qualifications to meet contract requirements.

6.2.

The transport team provided shall comply with Chapter 31 of the Virginia Administrative Code, 12VAC5-31-1270, Neonatal Transport Requirements. In addition to the requirements specified in the Virginia Administrative Code, the minimum position* qualifications are outlined below.

*The positions listed herein are those specified in the Virginia Administrative Code or identified by the Contractor as part of the transport team.

6.3.

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://www.med.navy.mil/directives/ExternalDirectives/1500.15E%20CH-1.pdf.

6.4.

Contract employees shall be eligible to work in the United Sates.

6.5.

Contract employees shall maintain all necessary certification, licenses, and other permits required to perform their duties under this Contract.

6.6.

The Contractor shall ensure, prior to employment that all contract employees are at least eighteen (18) years and have at least a high school education or equivalent.

6.7.

Contract employees shall be proficient in the operation of ambulance radio equipment.

6.8.

Documentation of all required experience, certifications and licenses for contract employees shall be current, on file, and made available, upon request, for COR review.

SECTION 7 – CREDENTIALING REQUIREMENTS

7.1. The Contractor shall be responsible for maintaining a Credentials Record (CR) for each required (see BUMEDINST 6010.30 to determine the positions for which credentialing/privileging is required) contract employee. The CR shall contain specific information with regard to qualifying degrees and licenses, past professional experience and performance, education and training, health status, and competency as identified in Enclosure 6 of BUMEDINST 6010.30 of 27 March 2015 and subsequent revision. Prior to contract employees providing services, the Contractor shall verify the compliance of each employee with the qualification requirements appropriate to their employment category.

7.2. Each contract employee is responsible for complying with all applicable licensure and certification regulations.

7.3. The Contractor shall continuously maintain a current list of all individuals who have been privileged, credentialed, or approved for service under the contract, including reportables such as, but not limited to: certifications (BLS, ACLS, PALS (Pediatric Advanced Life Support), etc.), licenses and/or certification, etc. The Contractor shall provide a copy of the updated list to the COR not later than the third (3rd) business day of each month, or more often as needed to keep the information current.

7.4.

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.

7.5.

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 employees 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.

SECTION 8 - GOVERNMENT AND CONTRACTOR FURNISHED ITEMS.

8.1. RESERVED

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 this 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 Federal Acquisition Regulations (FAR) Clause 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 this 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

The Contractor shall 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 the 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 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 4, as part of the Quote and shall provide an updated form to the COR upon request.

8.2.2. SERVICES

8.2.2.1.

During the term of this Contract, contract employees shall provide, on behalf of the Government, pediatric ambulance 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 all ambulances, equipment, supplies, and forms required to provide pediatric ambulance transport services. The costs of repair and/or replacement of such vehicles and equipment will be the sole responsibility of the Contractor. The Contractor shall ensure full maintenance of all vehicles and 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 five (5) calendar day advance notice.

8.2.4. SUPPLIES

8.2.4.1.

The Contractor agrees to provide all supplies required to provide pediatric ambulance transport services. The Contractor’s price shall be inclusive of all cost to include any required, labor, transportation and consumable items/supplies. The Government will not provide any consumable items/supplies that are required for the operation of Contractor’s equipment or provision of services described herein.

SECTION 9 – QUALITY CONTROL

9.1. 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, dental and other health care services. The services specified in this work statement shall be performed in accordance with established principles and ethics of the medical profession. The quality of healthcare provided will meet or exceed the current recognized standards established by the Joint Commission on Accreditation of Healthcare Organizations (Joint Commission), the American Hospital Association (AHA), the National Registry of Emergency Medical Technicians (NREMT); Commonwealth of Virginia Office of EMS; Bureau of Medicine and Surgery of the Department of the Navy (BUMED), the MTF, and those other professional associations which specify standards of performance for the medical profession. The Contractor shall comply with applicable provisions of law and the rules and regulations of any and all governmental authorities pertaining to licensure and regulation of healthcare personnel and medical treatment facilities, the regulations and standards of medical practice of NMCP, Commonwealth of Virginia Office of Emergency Medical Systems (EMS) and the bylaws of the MTF's medical staff. The Contractor shall adhere to and comply with all Department of Navy (DON), BUMED and NMCP Instructions and notices which may be in effect during the term of the contract. In all cases, the dignity of the patient will be given the highest regard, and the precepts of the American Hospital Association's "Bill of Rights for Patients" shall be observed. Performance of work and care rendered shall at all times be in accordance with established infection control practices and procedures as specified by the Centers for Disease Control (CDC), Atlanta, Georgia.

9.1.1.

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 this Contract.

9.1.2.

To achieve the MTF mission, the Contractor shall establish, submit for government approval and implement a Quality Control Plan (QCP) 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 QCP, and the MTF’s QI plan shall be maintained on-site for ready reference by the Contractor during the term of this Contract. Contract employees shall read, be familiar with, and implement this Contract, including the Contractor’s technical approach, QCP, medical QI Plan, and any revisions.

9.1.3.

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 by appropriately qualified personnel that includes a specific methodology for doing so; (b) a plan to ensure maintenance and enforcement of Standards as specified in Section 11; 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.

9.1.4.

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) business days to correct the deficiencies. The MTF COR will provide final approval of the QCP.

9.2. INDEPENDENT CONTRACTOR

9.2.1.

The services provided by the Contractor are provided in the capacity of an independent contractor. The government will evaluate the quality of services for purposes of contract inspection and acceptance. The Contractor shall be solely responsible for any and all liability caused by the acts or omissions of its agents or employees. The Contractor shall not in any manner represent or infer that it is an instrumentality or agent of the United States Government. The Contractor shall recognize that the Commanding Officer maintains administrative and operational responsibility for all activities within the Command and may take such actions as necessary to preserve and maintain the integrity of the Command, subject to the limitations prescribed by law and U.S. Navy Regulations.

9.3. MODIFICATIONS

9.3.1.

The Contracting Officer will designate and authorize an individual to act as the Contracting Officer's Representative (COR). Any such representative appointed will be specifically designated by letter from the Contracting Officer. The COR exclusively represents the Contracting Officer in all technical phases of the work, but is not authorized to issue Change Orders, Supplemental Agreements, or direct any contract performance requiring contractual modification or adjustment. Changes in the scope of work can only be made by modification properly executed by the Contracting Officer. All observations made by persons other than the Contracting Officer or the COR are strictly advisory and shall not influence the Contractor's operations except for administrative requirements and responsibilities specified herein.

SECTION 10 - START OF SERVICES

10.1. START-UP

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. The Contractor shall assign a lead manager to interface with the COR within fourteen (14) days after contract award.

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. (United States Code) 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 in accordance with 42 U.S.C. 13041.

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.

10.3. RESTRICTION ON THE USE OF GOVERNMENT-AFFILIATED PERSONNEL.

10.3.1.

Except in very limited cases, the federal criminal statutes at 18 U.S.C. 203 and 18 U.S.C. 205 bar government personnel, both active duty and civil service, from working as a contract employee in a government workplace, including a medical treatment facility, either as a second job ("moonlighting") or while on terminal leave. The Contractor agrees that, before making an employment offer to an active duty member or a civil servant, it shall inform the individual of the potential applicability of these statutes and further agrees to encourage that individual to seek an advisory opinion from his/her local ethics counsel before accepting an employment offer.

10.4. ADDITIONAL REQUIREMENTS

10.4.1. HUMAN IMMUNODEFICIENCY VIRUS (HIV)

10.4.1.1. MANAGEMENT OF HIV POSITIVE CONTRACT EMPLOYEES

10.4.1.1.1 HIV positive contract employees will be managed in accordance with the current CDC guidelines and Section 503 of the Rehabilitation Act (29 U.S.C. Section 793) and its implementing regulations (41 CFR Part 60-741).

10.4.1.2. PREVENTION OF THE TRANSMISSION OF HIV

10.4.1.2.1.

Contract employees shall comply with the CDC’s Universal Precautions for the prevention of the transmission of HIV.

10.4.2. BLOOD-BORNE PATHOGEN ORIENTATION PROGRAM

Contract employees shall participate in the MTF’s Blood-borne Pathogen Orientation Program. The contract employee may be required to also participate in all required annual training and in periodic training for all procedures that have the potential for occupational exposure to blood-borne pathogens.

10.4.2.1.

All contract employees shall comply with infection control guidelines to include the proper handling, storage, and disposal of infectious wastes and the use of universal precautions to prevent the spread of infections.

10.4.3. MANAGING THE CLINICAL RISK IN THE WORK ENVIRONMENT

The work environment inherently involves risks typically associated with the performance of job duties. Contract employees may be exposed to contagious diseases, infections and flying debris, requiring the wearing of personal protection equipment such as scrub attire, gloves, masks, and eye protection.

10.4.3.1.

In the event of an exposure, the Contractor and the MTF will cooperate, in accordance with applicable MTF policy, regarding offering appropriate post-exposure testing to the affected contract employee and the MTF will use its best efforts to appropriately test the source patient and obtain the patient’s consent to disclose the test results to contract employees and the Contractor. The Contractor will be responsible for providing appropriate follow-up medical care and counseling, if applicable, and record-keeping.

10.4.3.2.

Contract employees with a bona fide medical emergency occurring while on duty, or with an on-the-job injury, will be provided stabilizing medical care according to the procedures of the MTF. The Contractor shall reimburse the government for all medical services provided unless the contract employees are otherwise entitled to government medical services.

10.4.3.3 All accidents which may arise out of or in connection with the performance of services required herein, and which result in injury, death or property damage, shall be reported to the Safety Department and the COR immediately and to the MTF QI Department within twenty four (24) hours. Verbal reports shall be followed by written reports within twenty four (24) hours. Statements of witnesses shall be included. If any claim is made by a third party against the Contractor on account of any accident which occurs in connection with the performance of this Contract, the Contractor shall promptly report the facts in writing to the Command Legal Advisor, the MTF QI Department, the Command Safety Department, and the COR.

SECTION 11 - STANDARDS

11.1. STANDARDS

11.1.1.

All financial, statistical, personnel, and technical data which are furnished, produced, or otherwise available to the Contractor during the performance of this Contract are considered confidential business information and shall not be used for purposes other than performance of work under this Contract. Such data shall not be released by the Contractor without prior written consent of the COR. Any presentation of any statistical or analytical materials, or any reports based on information obtained from studies covered by this Contract, will be subject to review and approval by the COR before publication or dissemination. All inquiries from the media shall be forwarded to the Command Public Affairs Officer via the COR.

11.1.2.

All records produced in the performance of this Contract and all evaluations of patients are the property of, and subject to the exclusive control of, the government. The Contractor may retain a copy of all such records or evaluations, but may not provide further copies or disclose the information from such records or evaluations to third parties. All requests from other treatment facilities or other individuals for patient records shall be handled in accordance with procedures specified by applicable MTF instructions.

11.1.3.

If a subpoena or court order is received for the production of a medical record, the Contractor shall refer the Sub-poena or court order to the COR for action.

11.2. CONTRACT EMPLOYEE STANDARDS

11.2.1.

The Contractor and all contract employees shall comply with all MTF policies and procedures.

11.3. CONFLICT OF INTEREST

11.3.1.

The Contractor shall not, while performing services under this Contract, advise, recommend, or suggest to persons eligible to receive medical care at the government’s expense that such persons should receive care from the Contractor at any place other than a government facility.

11.4 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) COMPLIANCE

11.4.1.

The Contractor shall comply with the HIPAA (Health Insurance Portability and Accountability Act) privacy and security policies of the treatment facility (Attachment 2). Contract employees shall obtain/maintain a National Provider Identifier (NPI) in accordance with Department of Defense and Navy policy/instruction.

11.4.2 BUSINESS ASSOCIATE AGREEMENT

In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation” the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Contractor agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented.

(a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DODI 6025.18-R.

Individual has the same meaning as the term ``individual'' in 45 CFR 164.501 and 164.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

Protected Health Information has the same meaning as the term ``protected health information'' in 45 CFR 164.501, limited to the information created or received by The Contractor from or on behalf of The Government.

Electronic Protected Health Information has the same meaning as the term “electronic protected health information” in 45 CFR 160.103.

Required by Law has the same meaning as the term ``required by law'' in 45 CFR 164.501 and 164.103.

Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C.

Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 164.501 and 164.304.

(b) The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

(c) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.

(d) The Contractor shall use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.

(e) The Contractor shall mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Contract.

(f) The Contractor shall report to the Government any security incident involving protected health information of which it becomes aware.

(g) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware of.

(h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor on behalf of the Government agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information.

(i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

(j) The Contractor shall provide access, at the request of the Government, and in the time and manner designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

(k) The Contractor shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government or an Individual, and in the time and manner designated by the Government.

(l) The Contractor shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor on behalf of, the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner designated by the Government or the Secretary, for purposes of the Secretary determining the Government’s compliance with the Privacy Rule.

(m) The Contractor shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

(n) The Contractor shall provide to the Government or an Individual, in time and manner designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

General Use and Disclosure Provisions

Except as otherwise limited in this Clause, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the Privacy Rule, the Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government.

Specific Use and Disclosure Provisions

(a) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor.

(b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached.

(c) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).

(d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).

Obligations of the Government

Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions

(a) Upon request the Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520, as well as any changes to such notice.

(b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor's permitted or required uses and disclosures.

(c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522.

Permissible Requests by the Government

The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause.

Termination

(a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract.

(b) Effect of Termination.

(1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below

(2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information.

(3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information.

Miscellaneous

(a) Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule means the section as in effect or as amended, and for which compliance is required.

(b) Survival. The respective rights and obligations of Business Associate under the ``Effect of Termination'' provision of this Clause shall survive the termination of this Contract.

(c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule

11.5 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

11.5.1.

The Contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this Contract for the Navy via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address https://www.ecmra.mil

11.5.2.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil

SECTION 12 – BASE ACCESS AND CREDENTIALING

Vendormate Credentialing Requirement Naval Medical Center, Portsmouth (NMCP) has instituted a Credentialing Program which is designed to streamline the collection and management of key information regarding the regulatory and compliance status as well as business operations of suppliers. Vendors and their representatives may be required to register in order to gain base access to NMCP. Fees may range from $25 to $250 per year. It is imperative that each representative registers individually to maintain their personal credentials and ensure ongoing base access to our facility. A Federal Tax Identification Number and a credit card are required to complete the initial registration. Additional representatives only need the Federal Tax Identification Number.

Register for Vendormate Credentialing at https://nmcp.vendormate.com.

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