RFP-244-17-0008-REL.Lab_Testing_Services.doc

RFP-244-17-0008-REL

SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1

PRICE SCHEDULE – ANATOMICAL PATHOLOGY AND CLINICAL

LABORATORY TESTING SERVICES

The Indian Health Service (IHS) is requesting proposals in response to Request for Proposal (RFP)-244-17-0008-REL for the provision of Anatomical Pathology and Clinical Laboratory Testing Services for the IHS hospitals and health centers in the Billings Area. The IHS facilities include: Blackfeet Community Hospital, Browning Montana; Crow/Northern Cheyenne Hospital, Crow Agency Montana; Fort Belknap Hospital, Harlem Montana; Heart Butte Health Center, Heart Butte, Montana; Lodge Grass Health Center, Lodge Grass Montana; Pryor Health Center, Pryor, Montana; Eagle Child Health Clinic, Hays, Montana; Wind River Family & Community Health Center, Arapahoe Wyoming; Fort Washakie Health Center, Fort Washakie Wyoming; Northern Cheyenne Health Center, Lame Deer Montana; Verne E. Gibbs Health Center, Poplar Montana; and Chief Redstone Health Center, Wolf Point Montana.

This procurement is conducted pursuant to the authority of Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiation; FAR 37.101, Non‑Personal Services Contract; FAR 37.4, Non-Personal Health Care Services Contract (41 U.S.C. Chapter 33); and FAR Subpart 37.6, Performance-Based Acquisition. The solicitation is issued on an unrestricted basis. The IHS intends to award a Requirements type contract for a 12-month period with four 12-month options.

The quantities listed in the price schedule located in Attachment A of Section J are estimated quantities only. The Government will not be held liable for fluctuations in the estimates. For tests/services not listed in Attachment A, offerors should submit a current client fee schedule that includes discounted rates. Potential contractors must complete the following price schedule and the price schedule in Section J, Attachment A, for the base year and each subsequent option year. The Government reserves the right to add the Medical Laboratory Directorship and/or Technical

Supervisor - Immunohematology at the Service Units at any time during the contract term.

SCHEDULE A – BASE YEAR:

Unit of

Item Description

Quantity Issue Unit Price Total Amount 1.

Laboratory Testing Services

YR

2.

OPTION ITEM

Medical Laboratory

Directorship/Technical

Supervisor-Immunohematology

Blackfeet Service Unit

MO

Crow Service Unit

MO

Fort Belknap Service Unit

Fort Peck Service Unit

N. Cheyenne Service Unit

Wind River Service Unit

MO

TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

SCHEDULE B – OPTION YEAR ONE:

1.

Laboratory Testing Services

YR

Supervisor-Immunohematology

Blackfeet Service Unit

Crow Service Unit

MO

TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

SCHEDULE C – OPTION YEAR TWO:

Laboratory Testing Services

YR

Supervisor-Immunohematology

Blackfeet Service Unit

MO

TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

SCHEDULE D – OPTION YEAR THREE:

Laboratory Testing Services

YR

Supervisor-Immunohematology

Blackfeet Service Unit

MO

TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

SCHEDULE E – OPTION YEAR FOUR (4):

Laboratory Testing Services

YR

Supervisor-Immunohematology

Blackfeet Service Unit

MO

TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

GRAND TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $____________

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1

STATEMENT OF WORK

A. OBJECTIVE:

The Contractor shall provide anatomic pathology and clinical laboratory testing services as required to the following Indian Health Service facilities within the Billings Area. Blackfeet Community Hospital, Browning Montana; Crow/Northern Cheyenne Hospital, Crow Agency Montana; Fort Belknap Hospital, Harlem Montana; Heart Butte Health Center, Heart Butte, Montana; Lodge Grass Health Center, Lodge Grass Montana; Pryor Health Center, Pryor, Montana; Eagle Child Health Clinic, Hays, Montana; Wind River Family & Community Health Center, Arapahoe Wyoming; Fort Washakie Health Center, Fort Washakie Wyoming; Northern Cheyenne Health Center, Lame Deer Montana; Verne E. Gibbs Health Center, Poplar Montana; and Chief Redstone Health Center, Wolf Point Montana.

B. THE CONTRACTOR SHALL BE QUALIFIED AS FOLLOWS:

1. The Contractor’s laboratory shall be under the direct supervision of a physician who is board certified in Clinical and Anatomical Pathology by the American Board of Pathology. The credentials of the pathologist(s) must accompany the offer.

2. The Contractor’s laboratory shall be licensed as a medical laboratory as specified in the Clinical Laboratory Improvement Amendments of 1988 (CLIA’88). The laboratory must also be accredited by the College of American Pathologists. Documentation of accreditation and licensure will be sent to the Billings Area Contract Officer at the time of the offer. Each IHS facility Lab Supervisor will subsequently receive a copy of this documentation from the Contractor upon accepting the terms of the contract.

3. The Contractor shall: (1) maintain a quality assurance plan with documentation of quality assurance activities for the previous two years; (2) maintain a stringent internal quality control program for all procedures performed in-house; and (3) participate in an external proficiency testing program(s) approved by the Centers for Medicare & Medicaid Services (CMS) (formerly, Health Care Finance Administration (HCFA)).

4. The Contractor shall have adequate professional staff (it is required that at least 90% of the technical staff have a Bachelor of Science or Arts Degree in Medical Technology or related field).

C. SCOPE OF WORK:

1. The Contractor will provide a Medical Laboratory Director for any high-complexity laboratory as needed as well as a Technical Supervisor of Immunohematology as needed for any IHS facility, provided for under this contract, requesting this service. The Medical Laboratory Director and Technical Supervisor of Immunohematology will be compliant with all credentialing and personnel requirements. The Medical Laboratory Director and the Technical Supervisor of Immunohematology may be the same person if qualified.

The Medical Laboratory Director and/or the Technical Supervisor of Immunohematology will make a minimum of four (4) on-site visits per year (with PACE approved continuing education being provided at the time of the on-site visit) for each facility he/she is responsible. The Medical Director and/or the Technical Supervisor of Immunohematology must have monthly contact with the laboratory supervisor, via telephone, mail or e-mail. The Technical Director of Immunohematology must provide 24-hour availability of a qualified physician to address blood banking issues such as transfusion reactions and the work-up of transfusion reactions.

The Medical Laboratory Director and/or Technical Supervisor of Immunohematology must provide a detailed written consultation report upon completion of the on-site visit. The report shall be based on assuring the facility passes their laboratory accrediting body survey. It shall include, but not be limited to, services performed, contacts made, problems and deficiencies identified, recommendations made, any follow-up needed and corrective action plans for addressing identified deficiencies and problems which may cause the facility to fail an accreditation survey. The reports shall be submitted to the Chief Executive Officer, Clinical Director and/or the Chief Medical Officer, Laboratory Supervisor and Contract Officer Representative of each facility and to the Chief Medical Officer and the Director of Field Operations at the Billings Area Office.

The Medical Laboratory Director and Technical Supervisor of Immunohematology shall assure the Laboratory receives review and evaluation for compliance with the regulatory agencies Quality Assurance and Quality Control practices by a Certified Medical Technologist Survey Consultant.

Any facility performing therapeutic phlebotomy will be subject to approval by the Technical Immunohematology Supervisor.

2. The Contractor shall provide daily (Monday-Friday) specimen pick-up service at the Indian Health Service hospitals and health centers covered under the contract. After award of the contract the contractor will have 7 days to have in place the specimen pick-up service at all locations. The courier service must provide overnight or next day pick-up and delivery services at all locations.

3. The Contractor shall perform non-emergency laboratory testing procedures including surgical pathology listed on the attached schedule, and any other laboratory testing as required when ordered by Billings Area Laboratories. The Contractor shall provide reports by electronic printer, to the requesting Indian Health Service facility within 24 hours from the time the specimen is received in the contract laboratory unless methodology requires a longer time. The Contractor will have in place a method for notification of critical values to the appropriate Billings Area Laboratory within one hour of the result being available.

Local laboratories can be utilized for tests/procedures requiring more immediate results and where specimen integrity may be jeopardized during transit at the discretion of staff at each Indian Health Service site without affecting this contract.

4. The Contractor is responsible for providing electronic transmittal of laboratory results from the Contractor’s laboratory to the Indian Health Service facilities. The data needs to adhere to the HL7 format that is required by the IHS Lab Package that resides in the Resource Patient Management System (RPMS). The laboratory result data format must be compatible with current and future versions of the IHS Lab Package.

5. The Contractor shall provide to each Indian Health Service facility, the Contractor’s test requisition form that will include pre-printed name, address and identification number for the facility from which the specimens are sent. These forms shall be designed with check-off system containing the commonly ordered tests on one page. The form must accommodate the following patient demographic information. Patient Last and First Name, medical record number, date of birth, name of Physician, and IHS accession number.

6. The Contractor shall provide the Area Contracting Officer and each Indian Health Service facility laboratory a catalog of all tests available with instructions for specimen handling and requirements, to include methods and normal or interpretive values, and test fees that reflect the contract price. Test procedures not performed by the Contractor’s laboratory shall not include a handling fee.

7.

The Contractor must provide training and certification to all IHS laboratory staff in the shipping of biohazards and infectious materials on an annual basis.

8. The Contractor shall furnish all the necessary supplies and equipment for the collection, transport and reporting of specimens at no additional cost to the Indian Health Service facility. The shipping containers must meet IATA requirements.

9. The Contractor shall provide, at a minimum, quarterly site visits to all facilities by a representative of the Contractor. These quarterly visits will include a report of activities performed during that visit to include any maintenance of equipment in place that is the Contractor’s, any training done, and any other items of discussion that result in a change in business model. This report will be submitted to the Chief Medical Officer and the Director of Field Operations of the Billings Area Office and to the Contracting Officer Representative (COR). The contractor will have available continuing education topics that are PACE approved, available through videos, CD-ROM or telemedicine. The Contractor must provide “Client Services” via telephone at no additional charge to the Indian Health Service. Client services would include responding to inquiries of patient test results, responding to specimen collection requirements of tests not listed in manuals, requests for additional supplies, responding to inquiries with regards to availability of testing services. Client services should be available 24 hours per day.

10. The Contractor shall provide repeat testing when clinicians feel results do not correlate with the clinical status of the patient.

11. The Contractor shall submit the following monthly reports that will not be charged as a separate cost and are due no later than the 15th day of the following month:

A. The facility specific invoice shall be mailed to the identified IHS Lab Supervisor directly. The invoice will include the following patient health record number, the name of the test performed, the CPT code of the test, fee for the test, date of completion, name of requesting provider, and the facility account number.

B. An itemized electronic “transaction report” shall be exported to the IHS facility lab supervisor. Data should be exported in an “EXCEL( compatible format. The monthly report must include the name of test performed, cost per test; the number of tests performed during the month; a cumulative (“year-to-date”) number of tests performed and a cumulative (“year-to-date”) cost of tests.

C. A report which will include account number and/or account name, test number, test name, cost of test, quantity of each test ordered, amount spent on each test for the month, a year to date quantity ordered for each test and year to date amount spent for each test. Data should be exported in an “EXCELTM” compatible format.

D. A report of tests not performed for the month.

E. All report data exported and submitted to the facility shall by HIPAA compliant.

12. The Contractor shall provide on a quarterly basis an anti-biogram report for each organism isolated for each facility laboratory. This report should be sent to the Billings Area Chief Medical Officer, Contracting Officer Representative and the Laboratory Supervisor at each facility. The report should contain specimen description, number of specimens collected, culture identification, date of specimen collection and antimicrobial sensitivity.

13. The Contractor shall provide surgical pathology for facilities requiring this service. The electronic and paper pathology reports are to include a gross and microscopic description of each specimen and a diagnosis. In the case of a diagnosis of a malignant tumor, the stage of the disease must be included whenever possible. Contractor will provide reports and/or slides upon request, for all patients being treated for malignant disease with in the Indian Health Service or by non-IHS health providers. Reports of surgical specimens are to be returned to the appropriate facility within seven (7) working days except for diagnosed malignant specimens which require the contractor to immediately telephone the requesting physician with the written report provided within five (5) days. A monthly report including the list of patients who have had surgical pathology services performed, with the date of specimen and a summary of results by the provider will be provided to the appropriate service unit laboratory manager. This report shall be individualized for each hospital and clinic.

14. The Contractor shall provide cervical/vaginal cytology services for the screening and detection of malignant cells and abnormal conditions consistent with current recommendations of the American Society for Colposcopy & Cervical Pathology.

All cytology collection supplies, requisitions and reporting forms shall be provided at no additional cost to the IHS facility. Cervical/vaginal screening methods should include Thin Prep PAP as well as traditional slide PAP smear.

Reflex testing of ASC-US results to high risk HPV-DNA testing shall be an option for each of the referring facilities.

Results of cytology studies shall be returned to the appropriate IHS facility within ten (10) working days from date of shipment from the IHS facility.

A monthly report including the list of patients who have had cytology services performed, with the date of specimen and by degree of dysplasia by the provider will be provided to the appropriate service unit laboratory supervisor. This report shall be individualized for each hospital and clinic.

The “Bethesda System 2014” (or current terminology as accepted by accrediting bodies) terminology shall be used for reporting cervical/vaginal cytological diagnoses. The quality of the cytology service shall be assured through direct supervision by a Pathologist certified in Anatomical Pathology. Each cytotechnologist shall meet the requirements as specified in the Clinical Laboratory Improvement Amendments of 1988.

OTHER MALIGNANT NEOPLASMS: (specify)

Results of cytology studies shall be returned to the appropriate IHS facility within four (4) business days from the date of receipt at the Contractor’s laboratory.

The Contractor shall provide, upon written or verbal request, a copy of the original report(s) and the original slide(s) to the party designated by the attending physician.

The Contractor shall maintain a permanent cytology register, which will include patient name, IHS patient identification number and date of birth, facility location and results. A data retrieval system must be available. Thus allowing the cytology report for a specific patient seen at a given IHS facility on a specified date is available within one (1) day using the five (5) identification criteria listed above. The Contractor shall provide a monthly cytology report to the facilities Chief Medical Officer, Lab Supervisor and any other facility designated personnel.

The Contractor shall provide by the 10th of each month to each facility’s designated individual, a list of all patients who have had cytology services performed the previous month, with date of specimen, and results. This list will be grouped into diagnostic categories that are consistent with the Bethesda System 2001 terminology.

15. The Contracting laboratory is subject to on-site inspections by authorized representatives of the U.S. Government prior to contract award and during the contract period to review the Contractor’s facility and services, to examine records for quality assurance practices, current licenses and accreditation and make any other analysis required to determine the adequacy of personnel, instrumentation, and the quality and accuracy of services provided to meet the terms of this contract.

16. The Billings Area Laboratories listed above will have the option to send communicable type disease testing to their respective State Labs. Communicable type disease tests that will continue to go to the State labs include but not limited to: GC/Chlamydia, Influenza, tick-borne diseases, TB, RSV, Pertussis, O&P, Herpes, PKU’s, West Nile virus, Hanta virus, Stool cultures. In the event that a communicable disease specimen is sent to the Contractor Lab, the Contractor Lab will notify the State Surveillance Officers and the facilities laboratory personnel of all reportable diseases. The Contractor shall make arrangements for reporting formats with personnel at the state telephone numbers listed below. The Contractor will be responsible for obtaining the reportable disease conditions required for reporting by the states of Montana and Wyoming.

Reportable Diseases for State of Montana

Conditions Requiring Immediate Reporting (406) 444-0273

Anthrax

Botulism

Measles (Rubeola)

Plague

Rabies

Typhoid fever

Other Reportable Conditions

Montana Department of Public Health

Communicable Disease Program

(406) 444-0273 Wyoming Department of Health Reportable Diseases and Conditions

Immediate Notification number: 1-888-996-9104

Diseases/Conditions Requiring Immediate Notification:

ANTHRAX (Bacillus anthracis)

BOTULISM (Clostridium botulinum)

DIPTHERIA (Cornynebacterium diptheriae)

HEMORRHAGIC FEVER VIRUSES

PLAGUE (Yersinia pestis)

SEVERE ACUTE RESPIRATORY SYNDROME (SARS)

SMALLPOX

TULAREMIA (Francisella tularensis)

TOXIN-ASSOCIATED ILLNESS

UNUSUAL ILLNESS OF PUBLIC HEALTH IMPORTANCE

C.2

ASSESSMENT OF CONTRACTOR PERFORMANCE AND REVIEW RIGHTS

A. The Government shall periodically evaluate the Contractor‘s performance by chart review; patient consultation review; and review of unsuccessful medical cases and compliance with established hospital protocol.

B. The Area Lab Consultant, or their professional representative, shall be entitled to review the Contractor’s facility(s) and all administrative and clinical records, which pertain to IHS beneficiaries, covered by this contract.

C.3

CLINICAL REPORTING AND SPECIAL COMMUNICATIONS

A. Disclosure of Clinical Information. Where the Indian Health Service is carrying out its duties with respect to conservation of the health of Native Americans, the relationship of the service to the Native American shall be regarded as that of physician to patient so that restrictions generally applicable to the release of clinical information by the Contractor is not applicable to the release of such information to the Indian Health Service.

B. Clinical data records for the records of each patient shall be maintained in compliance with HIPAA, Joint Commission for Accreditation of Healthcare Organizations standards or Medicare Certification.

C. Special Communications. Unusual incidence of communicable or infectious diseases should be reported within three (3) days to the Contracting Officer Representative.

C.4

PERFORMANCE-BASED SERVICE DELIVERY SUMMARY

The contractor’s performance will be measured based on the following Performance Requirements. The Performance Requirements will be measured against Government Performance Standards and monitored in accordance with the following Methods of Government Surveillance to determine compliance. The following deductions will be assigned to each Performance Requirement. Deductions shall be assessed against individual invoices when services are not performed or do not meet contract requirements.

WORK STATEMENT

Quality of Performance

Following CAP, COLA, CLIA and JCAHO standards.

10% deduction shall be assessed against contractor when services do not meet requirements

Medical Directorship/Technical Supervisor of Immunohematology

Provides one visit per year to Browning and quarterly visits to Crow Agency and include a PACE approved continuing education in-service.

Reviews and signs Policy & Procedure Manuals. Reviews and signs CAP surveys.

Electronic transmittal of reports

Certification of shipping and continuing education

Training and certification of all Billings Area Labs in the shipping of biohazardous and infectious materials.

Provide availability of PACE approved continuing education for all Billings Area Labs through Video, CD-Rom, paper, telemedicine or on-site.

SECTION D - PACKAGING AND MARKING

[FOR THIS SOLICITATION, THERE ARE NO CLAUSES IN THIS SECTION]

SECTION E - INSPECTION AND ACCEPTANCE

E.1

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov//

NUMBER TITLE DATE

52.246-4

INSPECTION OF SERVICES--FIXED-PRICE

AUG 1996

SECTION F - DELIVERIES OR PERFORMANCE

F.1

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov//

NUMBER TITLE DATE

52.242-15

STOP-WORK ORDER

AUG 1989

52.242-17

GOVERNMENT DELAY OF WORK

APR 1984

F.2

PERIOD OF PERFORMANCE

Performance of this contract shall be for a twelve (12) month period from __________________, through __________________, with four 12-month options (to be completed by the Government at time of award).

If the Government exercises the options pursuant to Federal Acquisition Regulation (FAR) 52.217-9, Option to Extend the Term of the Contract (MAR 2000), in Section I, the period of performance shall be extended in accordance with the following schedule:

Year

Option Period Option Year One (1)

To be completed at time of award Option Year Two (2)

Option Year Three (3)

Option Year Four (4)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1

ACCOUNTING AND APPROPRIATION DATA

The accounting and appropriation data will be cited on each Task Order.

G.2

CONTRACTING OFFICER RESPONSIBILITY

Authority to negotiate changes in terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer.

G.3

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer will designate, in writing, a COR who shall be responsible for:

a. Ordering the laboratory testing services;

b. Resolving any discrepancies associated with the orders or with any disputes relating to payments;

c. Monitoring the funds available for obligation under the contract;

d. Ensuring the task orders are issued in accordance with the terms of the contract;

e. Ensuring the task orders, invoices and payments are processed in a timely manner; and

f. Assisting the Contractor in resolving of administrative problems encountered during performance of the contract.

The COR has no authority to issue changes or otherwise authorize changes that would affect the contract price, conditions, or period of performance.

G.4

LABORATORY SUPERVISORS

The following list identifies the IHS Laboratory Supervisors and IHS hospitals and health centers in the Billings Area.

IHS Hospital or Health Center

Point of Contact Blackfeet Service Unit

Audra Diswood Blackfeet Community Hospital

Acting Laboratory Supervisor 760 Hospital Circle

(406) 338-6122 P.O. Box 760

Browning, Montana 59417

Casey Killsprettyenemy Crow/Northern Cheyenne Hospital

Laboratory Supervisor 1010 South 7650 East

(406) 638-3384 P.O. Box 9

Crow Agency, Montana 59022

Diane Donahue Fort Belknap Hospital

456 Gros Ventre Avenue

(406) 353-3113 RR 1, Box 67

Harlem, Montana 59526

Dawn Nagle Verne E. Gibbs Health Center

107 H. Street East

(406) 653-5628 P.O. Box 67

Poplar, Montana 59255

Dawn Nagle Chief Redstone Health Center

516 Sixth Avenue North

(406) 653-5628 Wolf Point, Montana 59201 Northern Cheyenne Service Unit

Sara Strand

Northern Cheyenne Health Center

100 Cheyenne Avenue

(406) 477-6105 P.O. Box 70

Lame Deer, Montana 59043

Marjory Parrill Fort Washakie Health Center

Building 29, Black Coal Drive

(307) 332-7672 ext. 5971 P.O. Box 128

Fort Washakie, Wyoming 82514

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1

LEGAL HOLIDAYS

The following Federal legal holidays are observed under this contract.

New Year's Day

1 January

Martin Luther King's Birthday Third Monday in January

President's Day

Third Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July

Labor Day

First Monday in September

Columbus Day

Second Monday in October

Veterans Day

11 November

Thanksgiving

Fourth Thursday in November

Christmas Day

25 December

H.2

DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

In performance of this contract, the contractor assumes responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its subcontractors shall be under the supervision of the contractor or the contractor's responsible employees.

Each officer or employee of the contractor or any of its subcontractors to whom any Government record may be made available or disclosed shall be notified in writing by the contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use of gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

H.3

MEDICAL MALPRACTICE

A. Except as provided elsewhere in this contract the Contractor shall provide and maintain medical malpractice and such other insurance during the period of this contract as the Contracting Officer may require.

B. All insurance required by this article shall be in a form and amount as the Contracting Officer may require or approve or at least the minimum requirements established by the State in which the contract is performed whichever is greater and with insurers approved by the Contracting Officer.

C. If any malpractice suit or action is filed or any claim is made against the Contractor for treatment of any patient referred by the Government, the Contractor shall immediately notify the Contracting Officer and promptly furnish copies of all pertinent papers received.

D. The Contractor shall authorize Government representatives to collaborate with counsel for the insurance carrier in settling or defending the claim when the amount of the liability claimed exceeds the amount of coverage.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov//

NUMBER

TITLE

DATE

52.202-1

DEFINITIONS

NOV 2013

52.203-3

GRATUITIES

52.203-5

COVENANT AGAINST CONTINGENT FEES

MAY 2014

52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES TO

SEPT 2006

THE GOVERNMENT

52.203-7

ANTI-KICKBACK PROCEDURES

52.203-8

CANCELLATION, RESCISSION, AND RECOVERY

OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY

52.203-10

PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

MAY 2014

IMPROPER ACTIVITY

52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE

OCT 2010

CERTAIN FEDERAL TRANSACTIONS

52.203-13

CONTRACTOR CODE OF BUSINESS ETHICS AND

OCT 2015

CONDUCT

52.203-14

DISPLAY OF HOTLINE POSTER(S)

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

APR 2014

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

52.204-4

PRINTED OR COPIED DOUBLE-SIDED

MAY 2011

ON POSTCONSUMER FIBER CONTENT PAPER

52.204-7

SYSTEM FOR AWARD MANAGEMENT

OCT 2016

52.204-9

PERSONAL IDENTITY VERFICATION OF CONTRACTOR

JAN 2011

PERSONNEL

52.204-10

REPORTING EXECUTIVE COMPENSATION AND FIRST-

OCT 2016

TIER SUBCONTRACT AWARDS

52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

OCT 2016

52.209-6

PROTECTING THE GOVERNMENT'S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.209-9

UPDATES OF PUBLICLY AVAILABLE INFORMATION

JUL 2013

REGARDING RESPONSIBILITY MATTERS

52.209-10

PROHIBITION ON CONTRACTING WITH INVERTED

NOV 2015

DOMESTIC CORPORATIONS

52.215-2

AUDIT AND RECORDS--NEGOTIATION

ALTERNATE II (APR 1998)

52.215-5

FACSIMILE PROPOSALS

OCT 1997

52.215-8

ORDER OF PRECEDENCE--UNIFORM CONTRACT

OCT 1997

FORMAT

52.216-18

ORDERING

OCT 1995

52.216-19

ORDER LIMITATIONS

52.216-21

REQUIREMENTS ALTERNATE I (APR 1984)

52.219-4

NOTICE OF PRICE EVALUATION PREFERENCE FOR

OCT 2014

HUBZONE SMALL BUSINESS CONCERNS

52.219-8

UTILIZATION OF SMALL BUSINESS CONCERNS

NOV 2016

52.219-16

LIQUIDATED DAMAGES – SUBCONTRACTING PLAN

JAN 1999

52.219-28

POST-AWARD SMALL BUSINESS PROGRAM

JUL 2013

REREPRESENTATION

52.222-3

CONVICT LABOR

JUN 2003

52.222-21

PROHIBITION OF SEGREGATED FACILITIES

APR 2015

52.222-26

EQUAL OPPORTUNITY

SEPT 2016

ALTERNATE I (FEB 1999)

52.222-35

EQUAL OPPORTUNITY FOR VETERANS

52.222-36

EQUAL OPPORTUNITY FOR WORKERS WITH

JUL 2014

DISABILITIES

52.222-37

EMPLOYMENT REPORTS ON VETERANS

FEB 2016

52.222-40

NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

DEC 2010

NATIONAL LABOR RELATIONS ACT

52.222-50

COMBATING TRAFFICKING IN PERSONS

MAR 2015

52.222-54

EMPLOYMENT ELIGIBILITY VERIFICATION

52.223-5

POLLUTION PREVENTION AND RIGHT-TO-KNOW

MAY 2011

INFORMATION

52.223-6

DRUG-FREE WORKPLACE

MAY 2001

52.223-18

ENCOURAGING CONTRACTOR POLICIES TO BAN

AUG 2011

TEXT MESSAGING WHILE DRIVING

52.224-1

PRIVACY ACT NOTIFICATION

52.224-2

PRIVACY ACT

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN

JUN 2008

PURCHASES

52.227-14

RIGHTS IN DATA--GENERAL

ALTERNATE V (JUN 1987)

52.227-17

RIGHTS IN DATA--SPECIAL WORKS

DEC 2007

52.227-18

RIGHTS IN DATA- -EXISTING WORKS

DEC 2007

52.228-5

INSURANCE – WORK ON A GOVERNMENT

JAN 1997

INSTALLATION

52.229-3

FEDERAL, STATE, AND LOCAL TAXES

APR 2003

52.232-1

PAYMENTS

52.232-8

DISCOUNTS FOR PROMPT PAYMENT

FEB 2002

52.232-9

LIMITATION ON WITHHOLDING OF PAYMENTS

APR 1984

52.232-11

EXTRAS

52.232-17

INTEREST

52.232-18

AVAILABILITY OF FUNDS

52.232-19

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

APR 1984

52.232-23

ASSIGNMENT OF CLAIMS

52.232-25

PROMPT PAYMENT

JAN 2017

52.232-33

PAYMENT BY ELECTRONIC FUNDS—SYSTEM FOR

JUL 2013

AWARD MANAGEMENT

52.232-39

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

JUN 2013

52.232-40

PROVIDING ACCELERATED PAYMENTS TO SMALL

DEC 2013

BUSINESS SUBCONTRACTORS

52.233-1

DISPUTES

JUL 2002

ALTERNATE I (DEC 1991)

52.233-3

PROTEST AFTER AWARD

AUG 1996

ALTERNATE I (JUN 1985)

52.233-4

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

OCT 2004

52.237-2

PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

52.237-3

CONTINUITY OF SERVICES

JAN 1991

52.242-13

BANKRUPTCY

JUL 1995

52.243-1

CHANGES – FIXED-PRICE, ALTERNATE I (APR 1984)

AUG 1987

52.244-6

SUBCONTRACTS FOR COMMERCIAL ITEMS

52.248-1

VALUE ENGINEERING

52.249-4

TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (SERVICES) (SHORT FORM)

52.249-8

DEFAULT (FIXED-PRICE SUPPPLY AND SERVICE)

APR 1984

52.253-1

COMPUTER GENERATED FORMS

JAN 1991

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION

(48 CFR CHAPTER 3) CLAUSES:

352.203-70 Anti-Lobbying

Dec 18, 2015

352.211-3 Paperwork Reduction Act

352.215-70 Late Proposals and Revisions

352.222-70 Contractor Cooperation in Equal Employment

Dec 18, 2015

Opportunity Investigations

352.223-70 Safety and Health

352.224-70 Privacy Act

352.224-71 Confidential Information

352.226-3 Native American Graves Protection and Repatriation Act Dec 18, 2015

352.227-70 Publications and Publicity

352.237-70 Pro-Children Act

352.237-71 Crime Control Act – Reporting of Child Abuse

Dec 18, 2015

352.237-72 Crime Control Act – Requirement for Background

Dec 18, 2015

Checks

352.237-73 Indian Child Protection and Family Violence Act

Dec 18, 2015 352.237-74 Non-Discrimination in Service Delivery

352.239-73 Electronic Information and Technology Accessibility

Notice 352.239-74 Electronic and Information Technology Accessibility Dec 18, 2015 I.2

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

I.3

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause—

“Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

“Individual subcontracting plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

“Master subcontracting plan” means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved.

“Reduced payment” means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.

“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

“Total contract dollars” means the final anticipated dollar value, including the dollar value of all options.

“Untimely payment” means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor.

(c)(1) The Offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The subcontracting plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract.

(2)(i) The Contractor may accept a subcontractor’s written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(ii) The Contractor may accept a subcontractor’s representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if–

(A) The subcontractor is registered in SAM; and

(B) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.

(iii) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.

(iv) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.

(d) The Offeror’s subcontracting plan shall include the following:

(1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626–

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe; and

(ii) Where one or more subcontractors are in the subcontract tier between the prime Contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate Contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian tribe’s written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of—

(i) Total dollars planned to be subcontracted for an individual subcontracting plan; or the Offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to—

(i) Small business concerns;

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns; and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, SAM, veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern’s size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with–

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the Offeror who will administer the Offeror’s subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the Offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the Offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1.5 million for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the Offeror will—

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the Offeror with the subcontracting plan;

(iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts intended for use by multiple agencies;

(iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by SBA as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and…